MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin, TX. 76711 

512/475-2501 

Telex 91O/S74-1367 

Telecopier 51214750266 

1607 Main St., Suite 1400 

Dallas, TX. 75201 

2141742-6944 

4624 Alberta Ave.. Suite 160 

El Paso, TX. 79905 

91515333464 

1220 Dallas Ave., Suite 202 

Houston, TX. 77002 

71316500666 

606 Broadway, Suite 312 

Lubbock, TX. 79401 

9061747-5236 

4309 N. Tenth, Suite S 

McAllen, TX. 76501 

51216624547 

200 Main Plaza. Suite 400 

San Antonio, TX. 76205 

512/225-4191 

An Equal Opportunity/ 

Affirmative Action Emplow 

The Attorney General of Texas 

January 4, 1982 

Honorable Lloyd Doggett, Chairman 

Senate Subcommittee on Consumer 

Affairs 

Texas State Senate 

Austin, Texas 78711 

Opinion No.MW-420 

Re: Nominations for judicial 

offices created by House Bill 

NO. 958 of the Sixty-seventh 

Legislature 

Dear Senator Doggett: 

You have requested our opinion regarding recommendations for 

certain judicial offices created by House Bill No. 958, Acts 1981, 

Sixty-seventh Legislature, chapter 429, at 1841. The statute became 

effective September 1, 1981 and provides, in pertinent part: 

sec. 4. Subchapter C, Judicial Districts Act 

of 1969, as amended, is amended by 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. 

P. 1431 
Honorable Lloyd Doggett - Page 2 (MW-420) 

Since the new courts will come into existence on September 1, 

1982, a date prior to the general election of 1982 but subsequent to 

the primary elections which select the nominees, you inquire as to the 

proper method of selecting individuals to fill these offices. 

Section 6.001 of article 199a. V.T.C.S., provides, in pertinent 

part: 

When a judicial district is created by this Act 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.... 

(Emphasis added). 

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, together with the printed names of the nominees selected by 

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 

serve no longer than the general election following their appointment. 

Necessarily the statutes contemplate the party primary selection of 

party nominees whose names would appear on the next succeeding general 

election ballot. 

SUMMARY 

The positions of judge of the 299th and 331st 

district courts must appear on the November 1982 

general election ballot, and candidates for those 

positions may be selected by party primary held as 

specified in the Texas Election Code. 

%?g 

WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

P. 1432 
Honorable Lloyd Doggett - Page 3 (MW-420) 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Rick Gilpin 

Jim Moellinger 

P. 1433