HonorableD. Roy Harringtcn

Chairman, Interim Study Commlttee Game, Fish & Wildlife Resources Austin, Texas OpinionNo. 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 requestinga formai o@nion regarding term of office of members of the Texas State Senate.

“1. !:That

is the earliest date.a new Senator-elect - (electedNovember 6, 1962) can qualify for officeby taking oath prescribedby the constitution? "2. Does the annual salary of a nely member of the Texas State Senate commence on the.datehe takes the oath of office? If not, on what date can such a salary legallybe commenced?"
In AttorneyGeneral's OpinionWW-1476 (1962), it was held that the earliestdate a newly electedmember of the House of Representativescould qualify for office ~::a?~ the date of the canvassing of the returns of the General Election held on November 6th, 1962. Thisholding was based on the expressprovisions of Section 4 of Article III of the Constitutionof Texaswherein it provides that their term of office shallbe "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 OpinionW-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 Constitutionof Texas provides:

"Sec. 3. The Senators shallbe chosenby the qualified electors for the term of four years; but a new Senate shallbe chosen after every apportionment, and the Senators elected after each apportionment shallbe dividedby lot Into tVi0 classes. The seats of the Senators of the first class shallbe vacated at the expirationof the first two years, and those of the second class at the expiration of four years, so that onehalf 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 Constitutionof Texas. Furthermore, the length of the term of office of any particular State Senator cannot be determinedafter each apportionment untj.1the Senators draw for the two-yearand fouryear term of office. Thiswill be accomplishedwith the cnvening of the next Regular Session of the Senate.

Therefore, in view of the foregoingand the fact th,atthe Constitutionand 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 officewith the convening of the State Senate, It is our opinion that a ne:!Senator-elect (electedin the electionheld on November 6th, 1963) can qualify for office on the date of the convening of the Senate. His annual salarywould 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 thenelectionheld on November 6th, 1962) can qualify for office on the convening of the Senate. His annual salary commences on the date he qualifiesHon. 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 AttorneyGeneral 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