Ronorable William J. Lawson 

Secretary.of State, 

Austin, Texaa 

Dear Mr. Lawson: CpinionRo. CL4940 

Re: The authority of the Secretary 

of State to cancel a Rotary 

commission. 

We acknowledge receipt of your letter as follows: 

"We havd~~~eceived in this office a request 

from Hon. ~Rugene F. Harrell to cancel Rotary 

Commission issuectto.A. L. Guest of Lamar County. 

The reason for the request for cancellation is 

an allegation bjr Judge Rarrell that the said 

A. L. Guest forged the name of affiants to two 

affidavits. The affidavits thus allegedly forged 

are in my possesalon now. 

"The Constitutional Amendment altering the 

manner of appointment of Rotaries Public failed 

to provide for a manner of cancellation. Under 

the original manner of appointment, the Rotary 

being commissioned by the Governor and confirmed 

by the Senate, it was necessary that he be impeached as any other public officer. 

"I am, therefore, requesting your opinion as 

to the manner and form that a Rotary Commission 

may be rendered void, the question being, Does 

the Secretary of State have authority to cancel 

such Commission? If such authority is present, 

is a trial or hearing necessary?" 

Section 26, ~of Article IV, of the Constitution, as 

amended November 5, 1940, is as follows: 

"(a) The Secretary of State shall appoint 

a convenient number of Rotaries Public for each 

county who shall perform such duties as now 
Honorable Willlam J. Lawson - page 2, (O-4940) 

are or may be prescribed by law. The qualifications of Notaries Public shall be prescribed 

by law. 

"(b) Nothing herein shall affect the 

terms of office of Notaries Public who have 

qualified for the present term prior to the 

taking effect of this amendment. 

"(c) Should the Legislature enact an 

enabling law hereto in anticipation of the 

adoption of this amendment, such law shall 

not be invalid by reason of its anticipatory 

character. Sec. 26, Art. IV, adopted election 

Nov. 5, 1940." 

Article 5949, of the Revised Civil Statutes, as 

amended by the 47th Legislature, Is as follows: 

"The Secretary of State of the State of 

Texas shall appoint a convenient number of 

notaries public for each county. Notaries 

public may be appointed at any time, but the 

terms of all notariea public shall end on 

June first of each odd numbered year. To be 

elfglble for appointment aa notary public, a 

person shall be at least twenty-one (21) 

years of age and a resident of the county 

for which he is appointed; provided, however, 

that where such person resides within the 

limits of any incorporated city, town, or 

village located in two counties, said person 

may be appointed notary public for either such 

couutg ." 

It will thus be seen that a Rotary Public is a 

constitutional officer, under the State, with a definite, 

fixed tenure, and as such he may not be removed from office except in some manuer provided by law. 

Article 5988, of the Revised Civil Statutes, provides that: 

"Any Notary Public indicted for and convicted of any willful neglect of duty or official misconduct shall be removed from office. The order for his removal shall In 

each instance be embodied in the judgment of 

the court." 
Honorable William J. Lawson - page 3, (O-4940) 

Title 111, of the Revised Civil Statutes, covering QUO WARRARTO, provides for the removal of any officer 

whose acts by law work a forfeiture of his office. Other 

than these provisions, there appears to be no method of 

removal of a Rotary Public. 

Definitely, there appears to be no provision of 

law that the Secretary of State may cancel a Rotary commission upon the request of anyone. 

Moreover, we find no authority in any event exists 

in the Secretary of Stats to remove a Rotary Public from office, or to cancel the commission previously issued to him. 

Very truly yours 

ATTORNEY GERERAL OF TFXA3 

By /a/ Ocie 3peer 

Ocie Spoor 

Assistant 

OS-WI-EAC 

APPROVED OCT 29, 1942 

/s/ Gerald C. Mann 

ATTORRFY GERERAL OF TEXA3 

APPROVED 

OPINIOR 

COMMITTEE 

By B.W.B. 

cYzlmar