Hon. L. A. Wood 

State Superintendent 

Public.Instruction 

Apstin,.Texas 

Attention: Hon. T. M. Trimble 

Dear Sir: Opinion No. C-1664 

Re: One appointed to the office of 

County School Superintendent 

may hold the office until the 

next general election, irrespective of the length of the 

unexpired term of his predecessor. 

Your letter of November 6, 1939, to Gerald C. Mann, Attorney 

General of Texas, hasbeen received by this department. Your 

letter states that Mrs. Guy T. Newton has been appointed to 

PQl the unexpired term of her deceased,husband as County 

Superintendent. You quote from a letter reoeived by you from 

&frs. Newton. as followst 

"In my special case, my husbandts term would have 

expired January 1, 1943, sinoe this is a four year office 

and he bad served not quite one years of his term. I am told 

that I can hold it until the next general eleotion, but it 

ssems.to me this sould be interpreted as meaning until the 

next general election for this office, which would occur 4 

1942. Which interpretation is correct?" 

Your attention is direoted to Article 2688, Revised Civil 

Statutes of Texas, as follows: 

"The Commissioners' Court of every county having three 

thousand scholastic population or more as shown by the 

preceding scholastic oensus, shall at a general eleot$on 

provide for the election of a County Superinten,dentto 

serve for a term of four years, 5fi * 0" 

Then, we direct your attention to Artiole 2355, Revised Civil 

Statutes of Texas, as amended by the Acts of 1927', Fortieth 

Legislature, wherein the Commissioners8 Court is given the 

power to fill vacancies, as followsi~ 

"The court shall have power to fill vacancies in the 
Hon. L. A. Wood, page 2, O-1664 

office of: 

attorney, 

county judge, county clerk,sheriff, county 

county treasurer, county surveyor, aounty 

hide inspeotor, assessor of taxes, collector of taxes, 

justices of the peace, oonstables and county superintendent of Public Instruotion. Suoh vacancies shall be 

filled by a majority of the members of said court, 

present and voting, and the person ohoosen shall hold 

office until the next general eleation." (Underscoring 

ours ) . 

You will note that the above statutory provision, Article 2355, 

applies to the filling of vaoancies in county offices. 

Whereas, Article 4, Seotion 12 of the Constitution of Texas 

applies to the filling of vacancies in~state and district 

offioes by appointment of the Governor, as follows: 

"All vacanoies in state or district officesp except 

members of the Legislature, shall be filled unless 

otherwise provided by law, by appointment of the 

Governor, which appointment, if made during its Session, 

shall be with the advice and consent of two-thirds of 

the Senate present. If made during the recess of the 

Senate, the said appointee, or some other person to 

fill such vacancy, shall be nominated to the Senate 

during the first ten days of its Sessia. If rejected, 

said office shall immediately beoome vacant,.and the 

Governor shall without delay, make further nominali ons, 

until a confirmation takes place. But should there be 

no confirmation during the Session of the Senate, the 

Governor shall not thereafter appoint any person to fill 

such vacancy who has been rejected by the Senate; but 

may appoint some other person to fill the vacancy until 

the Session or until the Regular Session to said offiae, 

should it sooner occur. Appointments to vacancies in 

offices elected by the people shall only continue unt 1 

the first general election thereafter." (Underscor xi+ g

ours.). 

Prior to 1931, the office of county school superintendent 

was for a term of two years. Sinae 1931, the offioe of 

county school superintendent has been for a term of four 

years. The other oounty offioes enumerated in Article 2355 

are for terms of two years. There are numerous distriot and 

state offices for longer terms than two years, and irrespeative 

of the length of the unexpired term of the appointeers 

predecessor, the appointee may only hold office until the 

next general election. There baa been no judioial oonstruotion 

of Article 2355, aforesaid, as to the office of county school 

superintendent. However, the language is clear and is not 
Hon. L. A. Wood, page 3, O-1664 

subject to a contrary construction than that the appointee must 

be up for election, and that the offioe is open to election at 

the next general election, and that the term of the appointee ~$11 

expire on Jsnuary 1st following the next general eleotion. That 

is, where an elective office is vaoant and is filled by appointment 

of the Governor or Comaissioners~ Court, suoh appointive power 

is only a matter of expediency in that the will and power of the 

people will prevail to name the incumbent at the next general 

election. 

Believing this to answer your inquiry, we are 

Yours very truly 

ATTORNEY GRRRRAL QF TRXAS 

s/ Pat Coon 

Pat Coon 

Assistant 

PC:ob/og 

APPROVED NOV. 17, 1939 

s/ Gerald C. Mann 

ATTORnEY GBiRRAL OF TEXAS 

APPROVRD Opinion Committee 

By BWB, Chairmen