_, s THE ATI-ORNEY GENERAL 

. . oe7rExAs ” 

AUrrrIlV. - 78711 

January 29, 1974 

The Honorable Ned Granger 

COWlty AttOMey 

County of Travis. 

Austin, Texas 

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: 

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: 

Dear Mr. Graxqer: 

Opt&n No. H- 220 

Rc: Muat all Justicea .of the Peace 

and Constables run at the next general 

election when prior to that election 

all the justice precinct boundary 

linea are.changed and the precinct8 are 

renumbered. ~ 

You havg adviied UB that the Commimeioner8 Court of Travir County, on 

July 9. 1973. paseed an order, effective January 1. 1974, redistricting the 

six justice:precincta.md changing the boundarieq of each of them. On December 

10,. 19iS. t&a ~Commiroioner.# Courk. changdd the bolndsriecr of ‘each of the conatables precincts to c~onform to the justiizeprecinctrr. theme.changes likewire 

to be effective as of Januar.y 1, 1974.’ You have not advised ua of ~the residence 

of the juatfccae or of the terms ofoffice of each jurtice or constable. 

i’ ! ., ,~, 

Your question is whether then officee of the justices of the peace and of 

the con&abler are vacant aa of January 1, 1974. 

” 

Section ig:of +ti&e 5’of ‘the .Co&itution of Texas providea, in part: 

&ach%ganised co&y,in the State now or hereafter existing, Aall be divided from time to time, for 

the convenience of the people, into precincta,. not lea8 

than.four and not more than eight. Divieionn #hall be 

made by the Commisclionere Court provided for by this 

Constitution. In each such precinct there, shall be elected 

one Justice of the Peace and one Constable, each of whom 

p. 1025 
The Honorable Ned Granger, page 2 (H-220) 

shall hold his office for four years and until his successor 

l hall be elected and qualified . . . . Each county shall 

in like manner be divided into four commissioners precincts in each of which there shall be elected by the qualified voters thereof one County Commissioner, who shall 

hold his office for four years and until his successor shall 

be elected and qualified. . . . *I (emphaeie added) 

Article 5, Sec. 24 provides: 

“County Judges, county attorneys, clerks of the 

District and County Courts, justices of the peace, 

constables, and other county officers, may be rsmoxed 

by the Judges of the District Court6 for incompetency, 

official misconduct, habitual drunkenness, or other 

causes defined by law, upon the cause therefor being. 

set forth in writing and the finding of its truth by a 

jury. ” .(emphasis added) 

In Childress County v. Sachse, 310 S. W. 2d 414 (Tex. Civ. App. , Amarillo, 

1958) Sachse had been elected commissioner of Childress County, commencing 

January 1, 1955. The Commissioners Court changed the precinct boundary 

lines effective April 1, 1955 and the County Judge declared Sachse’s office vacant, 

since he did not reside in the newly described precinct. In affirming the district 

court order awarding Sachsqback salary, the Court of Civil Appeals quoted from 

20 C. J. S., Counties, Sec. 77, p. 840 as follows: 

“While a change of boundary lines of commissioner 

districts, or a redistricting, does not deprive a county 

commissioner of the right to hold office for the rest of 

his term, although by reason of the change his residence 

is without the district from which he was elected, pro- 

. vided it is still within the county, still he does not by 

becoming a resident of another district, become entitled 

to succeed the official in that district after the expiration 

of his term. ” 

The Court held that Sachse never was legally removed from office and his 

office was never legally vacated or abolished. He had a constitutional and legal 

p. 1026 
. ’ 

The Honorable Ned Grange;, page 3 (H-220) 

right to serve as commissioner of the precinct untilhis term expired by law. 

The Supreme Court, in refusing the application for writ of error, at 312 S. W. 

2d 380 (Tex. 1958) stated as ite per curiam opinion: 

“The application for writ of error is refused. 

N6 revereible error. We approve the holding of the 

Court of Civil Appeals that changes in precinkt boundaries do not create a Fcancy in the office of County 

Commissioner or deprive the incumbent of the right 

to hold office for the remafnder of his term, even 

though by rearon of such change6 his residence is not 

within the precinct ds redefined. 310 S.‘W. 2d 414. ” 

This office, neverthelisi, iss&d optnionb holding that the Sachse case 

did not apply and that justice precfncts were abolished and vacated upon a 

redistricting.’ ,See.for instance, ‘Attoiney General Opinion WW-536 (1958); 

Attorney General Opinion C-112 (1963). ‘And Tompare Attorney General Opinion8 

V-1032 (1950) and~ktorney General Gpinion’V-1218 (i951). 

However, in 1970 the Court of Civil Appeals at Dallas had before it the 

‘ca&‘of ‘McGuire ‘v. Hu’ghkr, 452 S. W. 2d 29 (Tex.. Civ. .App. ,’ 1970,. no writ). 

~~ The”question there was whether abolition by.the commissioners Court of one 

of two justices of the Reace within a precinit had the legal effect of reducing the 

four year term of ones of’the justice6 to two years. The Court,’ in ‘answering 

the question said:-- ’ ’ . 

I,.! 

. . . The conetitutiorial provision is clesr and ~~ ,’

unembiguou~ ~ihdt folkowing the’ firet t+o;year t&m of. 

the ‘uneven numbered office (ae w&e Place No. i) thereafter,’ all jurtic&e.bf the:p&ce would be eiected ior the 

term provided for ‘in the Constitution.~ namely, four years. 

We hold that under such constitutional mandate the term 

of office to which Relator McGuire wan elected in 1968 

was for a period of four years, ending December 31. 1972. 

“It has been declared in many cases that a public 

office is property. . . . This is certainly true in the 

sense that a person elected to an office established by 

p. 1027 
: . 

. . The Honorable Ned Granger, page 4 (H-220) 

law, and duly qualified for rame by taking the oath 

of office, has a property right to the poeclesrion of the 

office and enjoyment6 of it6 rights and emoluments all 

of which the Constitution protect6 and the court6 will 

enforce. . . . Judge McGuire was duly and legally 

placed into porreeaion of hi6 office in 1968 for a constitutional term of four yeare. During that period 

the ha6 the vested right and privilege to exercire the 

official dutier of ths office and to receive the compensation provided by law. Such may not be denied 

him by administrative edict or as a re8ult of the 

Commissioner6 Court’6 action in abolinhing another 

office in the same precinct. To 6anction such would 

open wide a Pandora’s Box of uncertainty and confusion. I’ (452 S. W. 2d at 31-32) See al60 Villarreal 

v. Bustamante, 400 S. W. 2d 231 (Tex. Civ. App., 

San Antonio, 1972, no writ); Attorney General Gpinion H-97 (1973). 

It i6 our opinion therefore that justices of the peace and constables elected 

to a full term (as ,opposed to being elected to fill an unexpired term) are entitled 

to 6erve the full four year6 in office and that a redistricting of their precincts 

by the commislrioners court doe6 not vacate their office. In this opinion we do 

not consider the effect of a court-ordered reapportionment. 

The conclurion of thi6 opinion i.6 dirtinguinhable from the rituation conddered in Attorney General Opinion H-219 (1974) relating to State Board of 

Education dirtricts. There term8 were cut 6hort pursuant to a statutory 8cheme 

ending all State Board terms at the general election immediately following a 

decennial reapportionment. 

SUMMARY 

Justices of the peace and constables, elected to 

a full term, are entitled to serve the entire four years 

p. 1028 
. 

. . 

.I The Honorable Ned Granger, pege 5 (H-220) 

and a redietricting of their precincts by the commi6- 

sioners court fesulting in a justice or constable not 

living in his precinct, does not vacate hi6 office. 

Your6 very truly, 

VED: \/7 

, First 

W/t2 

DAVID M. KENDALL,. Chairman 

.u JOHN L. HILL 

Attorney. General of Texas 

Opinion Committee 

p. 1029