THEA QEW-EY GENERAL 

0 XAS 

I April 3, 1964 

Honorable Bird Old, Jr. 

County Attorney 

Titus County 

Mt. Pleasant, Texas 

Dear Sir: 

Opinion No. C-235 

Re: Length of term for which 

Justice of the Peace, Place 1, 

and Justice of the Peace, 

Place 2, Precinct 1 of Titus 

County, were elected in 1962. 

You have requested an opinion on the following,question: 

"In 1954 Precinct 1 of Titus County had one Justice of the Peace, who was Justice of the Peace of 

Precinct 1. In 1954 he was elected for a four-year 

term that commenced on January 1, 1955. In 1958 a 

Justice of the Peace was again re-elected for a fouryear term commencing January 1, 1959. on May 23,, 

1960, the Commissioners Court created the office ,of 

Justice of the Peace, Precinct 1, Place 2. and appointed a Justice of the Peace to the office. In 1962 

both the Justice of the Peace for Precinct 1, Place 1, 

and the Justice of the Peace for Precinct 1, Place 2, 

were re-elected supposedly for a four-year term. Which, 

if either, was elected for a two-year term?" 

Article V. Section 18 of the Texas Constitution contains 

the following provision: 

"Each organized county in the State now or hereafter existing, shall be divided from time to time, for 

the convenience of the people, into precincts, not less 

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Honorable Bird Old, Jr. page 2 (C-235) 

than four and not more than eight. Divisions shall be 

made by the Commissioners 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 shall hold his office for four years and until 

his successor shall be elected and qualified; provided ~~' 

that in any precinct in which there may be a city of 

8,000 or more inhabitants, there shall be elected two 

Justices of the Peace. ..-I' 

Parenthetically, it may be observed that the creation of a second 

office of justice of the peace in a precinct containing a city of 

8,000 or more inhabitants is discretionary with the commissioners 

court, and action by the commissioners court is necessary to bring 

the second office into being. Meredith v. Sharp, 256 S.W.2d 870 

(Tex. Civ. App. 1953, error ref. n.r.e. 152 Tex. 437, 259 S.W.2d 

175): Atty Gen. Op. WW-1251 (1962). 

Section 65 of Article XVI of the Constitution, adopted in 

1954 along with other amendments increasing the terms of county 

and precinct officers from two years to four years, provides for 

staggered terms for these officers, so that approximately onehalf are elected every two years. Under its provisions, justices 

of the peace in precincts having only one justice received a fouryear term at the general election in 1954, and thereafter.were 

elected for a four-year term in 1958 and in 1962. This section 

provides. in part: 

"Sec. 65. Staggering Terms of Office - The following 

officers elected at the General Election in November, 1954, 

and thereafter: shall serve for the full terms provided in 

this Constitution: 

"(a) District Clerks; (b) County Clerks; (c) County 

Judges: (a) Judges of County Courts at Law, County 

Criminal Courts, County Probate Courts and County Domestic 

Relations Courts; (e) County Treasurers; (f) Criminal 

District Attorneys: (f) County Surveyors: (h) Inspectors 
. 

Honorable Bird Old, Jr., Page 3 (C-235) 

of Hides and Animals: (i) County Commissioners for 

Precincts Two and Four: (j) justices of the Peace. 

"Notwithstanding other provisions of this Constitution, 

the following officers elected at the General Blection in 

November, 1954, shall serve only for terms of two (2) years: 

(a) Sheriffs: (b) Assessors and Collectors of Taxes; (c) 

District Attorneys; (d) County Attorneys; (e) Public Weighers; 

(f) County Coannissioners for Precincts One and Three: (9) 

Constables. At subsequent elections, such officers shall 

be elected for the full'terms provided in this Constitution. 

"In any district, county or precinct where any of the 

aforementioned offices is of such nature that two (2) or 

more persons hold such office , with the result that candidates 

file for 'Place No. *,I 'Place No. 2,' etc., the officers 

elected at the Gene&l Election in November, 1954, shall 

serve for a term of two (2) years if the designation of 

their office is an uneven number, and for a term of four (4) 

years if the designation of their office is an even number. 

Thereafter, all such officers shall be elected for the terms 

provided in this Constitution." 

The pattern set by Section 65 for staggered terms applies 

to offices created after 1954, as well as to those then in existence. 

Attorney General's Opinions WW-1292 (1962) and C-147 (1963). These 

opinions are reaffirmed. However, as to those offices that are 

of such nature that two or more persons hold such office, with 

the result that candidates file for "Place No. 1, Place No, 2," 

etc., the last quoted paragraph of Section 65 controls, It is 

noted that this provision provides that in 1954 if the designation 

of their office is an uneven number the term will be for two 

years, and the term will be for four years if the designation 

of their office is an evem number. This was for the purpose of 

staggering the terms of the various designated places. The 

Constitution then provides, "Thereafter, all such officers shall 

be elected for the terms provided in this Constitution," which is 

for four year terms. The various Commissioners Courts often create 

new places for Justices of the Peace and'it is in the discretion 

of the court to designate which places shall be even or uneven 

numbers. Likewise, the Coaunissioners Court often abolishes such 

offices. We can find no language in this Constitutional prwision 

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Honorable Birds Old, Jr., Page 4 (C-235) 

that after the year 1954 makes a distinction between whether the 

places are an even or an uneven number. Inasmuch as the new 

place was created at a time that a four-year term would make it 

staggered with the other place, we do not pass upon the question 

whether one or the other of the Justices of the Peace would have 

to run for a two-year term, if the newly created office was 

created to begin at the same time as the term of the other Justice 

of the Peace. 

Adverting now to the facts of the situation at hand, it 

becomes evident that when the Commissioners Court of Titus County 

created the office of Justice of the Peace, Precinct 1, Place 2, 

on the 23rd day of Way, 1960, there then existed a vacancy in such 

office which the Commissioners Court was authorized to fill by 

appointment until the next general election in November of 1960. 

The office was filled by appointment of the Commissioners Court but 

4 no election for such office was held in the general election in 

November of 1960. 

Since Section 18 of Article V of the Texas Constitution 

provides that a Justice of the Peace shall hold office "... until 

his successor shall be elected and qualified . .." and Section 17 

of Article XVI of the Texas Constitution provides that "All officers 

within this State shall continue to perform the duties of their 

offices until their successors shall be duly qualified", when the 

four-year term of office for Justice of the Peace, Precinct 1, 

Place 2, began on the 1st day of January, 1961, the person holding 

such office by appointment of the Commissioners Court of Titus 

County became a hold-over officer by virtue of the failure to hold 

an election for such term of office in the Nwember, 1960, General 

Election. Hamilton v. State, 40 Tex.Crim. 464, 51 S.W. 217(1899); 

EX parte Sanders, 147 Tex. 248, 215 S.W.2d 325 (1948). 

At the General Election held in November, 1962, there 

existed the following situation with respect to the two Justice 

of the Peace offices in Precinct 1 of Titus County: the office 

designated as Justice of the Peace, Place 1, had been duly filled 

at the general election in November, 1958, for the four-year term 

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Honorable Bird Old, Jr., Page 5 (C-235) 

beginning January 1, 1959, and ending December 31, 1962, therefore, election to this office would be for a new four-year term 

beginning January 1, 1963; the term for the office designated as 

Justice of the Peace, Place 2, which began on January 1, 1961, 

and ends on December 31, 1964, had not been filled by election 

or appointment, consequently election to this office would be 

for the unexpired portion of the existing term. Section 27, 

Article 16, Texas Constitution; Attorney General's Opinion O-6923 

(1945) * 

We therefore hold that the person elected to the office of 

Justice of the Peace, Precinct 1, Place 1, at the general election 

in 1962 was elected for a four-year term beginning on January 1, 

1963, and ending on December 31, 1966, and the person elected 

to the office of Justice of the Peace, Precinct 1, Place 2, at 

the general. election in 1962 was elected.for the unexpired term 

of such office which began on January 1, 1961, and ends on 

December 31, 1964. 

SUMMARY 

At the general election in November of 1962, 

the election to the office of Justice of the 

Peace, Precinct 1, Place 1, Titus County, was 

for a term of four years beginning January 1, 1963, 

and ending December 31, 1966: and the election to 

the office of Justice of the Peace, Precinct 1, 

Place 2, Titus County, was for the unexpired term of 

such office which began on January 1, 1961, and ends 

on December 31, 1964. 

Very truly yours, 

WAGGONER CARP 

Attor+ey General/of Tarps 

NS:me 

BY 

\ 

Norman Suarez 

Assistant Attorney 

.~ 

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Honorable Bird Old, Jr., Page 6 (C-235) 

APPROVED: 

OPINION COMMITTEE: 

W. V. Geppert, Chairman 

V. F. Taylor 

Malcolm Quick 

Paul Phy 

W. 0. Shultz 

APPROVEDFOR THEATTORNEYGENERAL 

By: Howard Mays 

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