Honorable D. Roy Harringtcn 

Chairman, Interim Study Commlttee 

Game, Fish & Wildlife Resources 

Austin, Texas 

Opinion No. W-1481 

Re: Term of office OP members 

of the State Senate, and 

Dear Mr. Harrington: related questions. 

Your request for an opinion reads as follows: 

"I am requesting a formai o@nion regarding term of office of members of the 

Texas State Senate. 

“1. !:That is the earliest date.a new 

Senator-elect - (elected November 6, 1962) 

can qualify for office by taking oath prescribed by the constitution? 

"2. Does the annual salary of a nely 

member of the Texas State Senate commence 

on the.date he takes the oath of office? 

If not, on what date can such a salary 

legally be commenced?" 

In Attorney General's Opinion WW-1476 (1962), it 

was held that the earliest date a newly elected member of 

the House of Representatives could qualify for office ~::a?~ 

the date of the canva ssing of the returns of the General 

Election held on November 6th, 1962. This holding was 

based on the express provisions of Section 4 of Article 

III of the Constitution of Texas wherein it provides that 

their term of office shall be "from the day of their election." Section 3 of Article III, providing the term of 

office of State Senators, on the contrary, doe:: not contain similar language. Therefore, the holding in Attorney 

General's Opinion W-1476, applicable to members of the 

House of Representatives, is not applic,able to State 

Senators. 
Hon. D. Roy Harrington, page 2 (~~-1481) 

Section 3 of Article III of the Constitution of 

Texas provides: 

"Sec. 3. The Senators shall be 

chosen by the qualified electors for 

the term of four years; but a new Senate 

shall be chosen after every apportionment, 

and the Senators elected after each apportionment shall be divided by lot Into 

tVi0 classes. The seats of the Senators of 

the first class shall be vacated at the 

expiration of the first two years, and those 

of the second class at the expiration of four 

years, so that one half of the Senators shall. 

be chosen biennially thereafter." 

It is noted that the beginning date of the term of 

orflce of State Senators is not provided for in Section 

:: of Article III of the Constitution of Texas. Furthermore, the length of the term of office of any particular 

State Senator cannot be determined after each apportionment untj.1 the Senators draw for the two-year and fouryear term of office. This will be accomplished with the 

cnvening of the next Regular Session of the Senate. 

Therefore, in view of the foregoing and the fact 

th,at the Constitution and statutes of this State are 

silent as to the beginning date of the term cf office 

cf State Senators; and in view of the longstanding custom 

frr State Senators to take their oaths of office with the 

convening of the State Senate, It is our opinion that a 

ne:! Senator-elect (elected in the election held on November 6th, 1963) can qualify for office on the date of the 

convening of the Senate. His annual salary would commence 

on the date he qualifies for office. There seems to be 

no law fixing an earlier~date, so we suggest that the Senate 

.n ;ollo~i its long time practice. 

SUMMARY 

A new Senator-elect (elected In 

then election held on November 

6th, 1962) can qualify for office on the convening of the 

Senate. His annual salary commences on the date he qualifies 
Hon. D. Roy Harrington, page 3 (1:,~-1481) 

for office. We find nd law 

permitting an earlier date. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

Assistant Attorney General 

JR:ms 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Joseph Trimble 

$1. 0. Shultz 

L. P. Lollar 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Leonard Passmore