### E GENERAL OF EWAS

Honorable Walker Carson County Attorney Hudspeth County Sierra Blanca, Texas
Dear Sir: OpinionNo. O-6151 Re: Whether a person holding the office of County Commissioner is required by law to be a property taxpayer. Your letter ofAugust 7, 1944, requesting the opinion of this department on the questions stated therein, is, inpart, as follows:

“1 should like an opinion of your department onthe following question,: “fIs aperson holding the offloe of County Commissioner required by law tobe aproperty taxpayer?’
“Inbriefing this question, Ihave been unable to find any law requiring aperson to beaproperty taxpayer of the County or State in order to qualify for the office of County Commissioner.
“In the absence of any statute to such effect, it is my opinion that aperson isnot required tobe aproperty taxpayer tohold the office of County Commissioner.”
We thank you for briefing the question submitted end agree with the opinion expressed by you.

Section 18,Article 6, of the State Constitution, provides inpart:

‘1.
. . . .Eaoh county shall in likemanner be divided into four commissioners precincts lneach ofwhich there shall be elebted by the qualified voters thereof one county commissioner, who shall hold his office for two years and until his sucaessor shall be cleated and qualified. The county commissioners so chosen, with the county judge as presiding officer, shall compose the county commisaionersF court which shall exercise auoh powers and jurisdiction over all county business, as is conferred by this Consti--.. -.-.

Hon. Walker Carson, page 2, O-6151

tution and the laws of the State, or asmay be hereafter prescribed." Article 2339, reads as follows: Vernon's Annotated Civil Statutes,

"Each county shall be divided into four commissionersf precincts, and one commissioner shall beelected biannually ineach precinct, and each commissioner shall hold his 4 office for two years."
provides: Article 2340, Vernon's Annotated Civil Statutes,

"Before entering upon the duties of their office, the county judge and each commissioner shall take the official oath, and shall also take awritten oath that hewill not be directly or indirectly interested inany contract with, or claim against, the county inwhich he resides, except such warrants asmay Issue tohim as fees of office. Each commissioner shall execute abond tobe approved by the county judge in the sum of three thousand dollars, payable to the county treasurer, conditioned for the faithful performance of the duties ofhis office, thathe will pay over tohis comty allmoneys illegally paid tohim out of the county funds, asvoluntary payments or otherwise, and that hewill not vote or givehis consent to pay out county funds except for lawful purposes." Article 2927, Vernon's Annotated Civil Statutes, provides: 5Toperson shall be eligible to any State, County, precinct ormunicipal office in this State, unless he shall be eligible tohold office under the Constitution of this State, and unless he shallhave resided in this State for aperiod of twelvemonths and sixmonths in the county, precinct ormunicipality, inwhich he offers himself as a candidate, next preceding any general or special election, and shall have been an actual bona fide citizen of said county, precinct ormunicipality formore than six months. No person ineligible tohold office shall ever have his name placed upon the ballot at any general or special election, or at any primary election where candidates are selected under the primary election laws of this State; andno such ineligible candidate shall ever bevoted upon, nor have votes counted forhim, at any such general, special or primary election." Generally speaking, eligibility to office belongs equally to aL1 persons not excluded by the Constitution or statutes, andnot exclusively or specifically to persons enjoy-_ -. ~.-‘- Cr_

Hon. Walker Carson, page 3, O-6151

ing the right of suffrage; and disability tohold office is not to be imposed on any citizen except under authority givenby law. The Legislature may not change or add to qualifications for an office, nor take away disqualifications, that are prescribed by the Constitution. After a careful search, we have been unable to find any constitutional or statutory provision requiring a county commissioner tobe aproperty taxpayer in order toqualify as a county commissioner. Therefore, you arerespectfully advised that it is the opinion of this department, that a county commissioner isnot required by law to be aproperty taxpayer, in order to qualify aa a county commissioner. Stated another way, if a county commissioner is otherwise qualified under the statutes and Constitution, he is eligible tohold the office of county commissioner whether he is a property taxpayer ornot. Yours very truly ATTORFTFXGENERAL OFTEXAS s/Ardell Williams
BY APPROVED AUGUST 16, 1944 s/ Gee, P. Blackburn ACTING ATTORNEY GENERAL-OF TEXAS Ardell Williams Assistant

APPROVED Opinion Committee By BWB, Chairman

AW:rt/ct