MARK WHITE Attorney General
Supreme Court Building P. 0. Box 12546 Austin, TX. 76711 512/475-2501 Telex 91O/S74-1367 Telecopier 51214750266
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# The Attorney General of Texas January 4, 1982

HonorableLloyd Doggett, Chairman Senate Subcommitteeon Consumer Affairs Texas State Senate Austin, Texas 78711 OpinionNo.MW-420 Re: Nominations for judicial offices created by House Bill NO. 958 of the Sixty-seventh Legislature Dear SenatorDoggett: You have requested our opinion regarding recommendations for certain judicial offices created by House Bill No. 958, Acts 1981, Sixty-seventhLegislature, chapter 429, at 1841. The statute became effective September 1, 1981and provides, in pertinentpart:

sec. 4. SubchapterC, JudicialDistrictsAct of 1969,as amended, is amendedby adding Sections 3.125 and 3.126 to read as follows: Sec. 3.125. The 299th Judicial District, composed of the County of Travis, is hereby created.

Sec. 3.126. The 331st Judicial District, composed of the County of Travis, is hereby created.

. . . . Sec. 16. Section 2 of this Act takes effect on January 1, 1982. Section 3 of this Act takes effect on April 1, 1982. Section 4 of this Act takes effect on September 1, 1982. section 5 of this Act takes effect on January 1, 1983. All other sections of this Act take effect on September 1, 1981. Id. at 1843, 1847. The statute thus provides that two new district courts for Travis County will come into existence on September 1, 1982.

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Since the new courts will come into existence on September 1, 1982, a date prior to the general election of 1982 but subsequent to theprimary electionswhich select thenominees,you inquireas to the propermethod of selecting individualsto fill these offices. Section 6.001 of article 199a. V.T.C.S., provides, in pertinent part: When a judicialdistrict is createdby thisAct or

by amendment to this Act, the Governor shall appoint a qualified person to the office of district judge, who shall serve until the next succeeding general election and until his successor is elected and has qualified.... (Emphasisadded). This statute clearly provides that an appointed person shall serve only until the next succeeding general election. The two positions in question must therefore appear on the ballot of this election, togetherwith the printed names of the nominees selectedby party primary in the manner and at the time specified in the Texas Election Code. As stated above, House Bill No. 958 became effective September 1, 1981, and the amended statute, article 199a, section 6.001, is notice that appointees to the newly created court could serveno longer than the general election followingtheirappointment. Necessarily the statutes contemplate the party primary selection of party nomineeswhose nameswould appear on the next succeedinggeneral electionballot. SUMMARY

The positionsof judge of the 299thand 331st district courts must appear on the November 1982 general election ballot, and candidates for those positionsmay be selectedby partyprimaryheld as specified in the Texas ElectionCode. %?g

WHITE Attorney General of Texas JOHN W. FAINTER,JR. FirstAssistantAttorneyGeneral RICHARD E. GRAY III ExecutiveAssistantAttorney General

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Preparedby Rick Gilpin AssistantAttorney **General** APPROVED: OPINION COMMITTEE SusanL. Garrison,Chairman Rick Gilpin Jim Moellinger

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