OFFICE OF THE A-ITORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable Luther c. Johnston 

County kttorney 

hnderson County 

PalestIne, Tfu4s 

Dear Slra Opinion Eo. O-1716 

Re: Right OS the aounty Judge to 

Vote as ,a~-4qmber. ofthe aounty oonqnlsalozieers court. 

aomnl5sionera~ aourt, en there are 

eaent , Inaluding 

te for 4 proraula~loflers 

ah4km4n or 

at all tlmss duet 

queatlonn you dsalre t43 know 

has the right to vote at all 

of the aoada 6Iomra~ court. 

Texar Co~%tItutlon 

Ioh there shall be eleotsd by the 

qualified voters thereof one countiy OOmmissiOner, 

ti0 8heu. bold hi8 offlae r0r two years and u11- 

tIl hIa euaaeaaor shall be eleated and qualified. 

the county aomnissloners so chosen, with the awntY Judee, UB presiding officer, shall conpoae the 
?lon. Luther C. Johnaton, isce 2 

County CommIssIonera Court, which ahull exercise such powers und jurlsdlctlon over all 

county business, as Is conferred by thic constitution and the laws of the State, or 2s may 

be hereafter presorIbed.w 

.irtlolen 2342 and 2343 of Vernon's Clvll Statutes 

reads as followa: 

‘Art. 2342. The s everol commIssIoners, 

to@ther with the county judi(e, shall compose 

the "CommIasionera Court," tind the county 

judae, When present, shall be the presldln(: 

officer of saId court." 

w.u%. 2343. Any three members of the 

Said OOUrt, inchding tho comty jud@, ahall 

constitute a quorum fbr the transaction of any 

business, except that of levyInS n countytsx." 

Vi0 refer you to an opinion of the honorable ii. V. 

3aYfdBon, Attorney General of Texas, dated July 7, 1905, to 

:.!r. George T. Todd, Jefferson, Texas, which passed upon the 

question of what constituted a quorum of the cammIssioners 

court, and the right of the oounty judge to rote upon his 

suooessor, when the fasts showed the oounty judge had resigned but his resignation had not been acoepted. ThIS 

oplnlon holds that the resignation of the county JuQe 16 

ndt effective until accepted and his suooeasor Is qualified; 

thct the county judge has 4 right to vote; that the oounty 

judge and two coumksaloners constitute 4 g~orum except as 

to levying a tax; ahd that the county judge can vote upon 

his suaoessor. 

.kn exaerpt from this opinion reads: 

*You are, therefore, respectfully edrised 

that, notwithstanding the county judge of your 

county has tendered hla resignation aa county 

ju&e, end In the law, he continues In office 

and Is not released from his dUtie6 and respons1blllties until1 u suooessor is appOinted und 

suallfled. Therefore, he and two of the wrrmclsiloners constitute a quorum of the wmmjsnioners! 

court for the purpose of oppolntlne: hissuccessor 
, 

Xon . Luther C. Zohnston, i‘<iee 3

ad he hds a rlC:ht to vote 

of his successor (opinions 

Generul, 19013~8)". 

on the tippointmcnt 

of the ittorney 

In Y very lengthy kina 

%roh 15, 1935, by Hon. inthony 

able o?lnlon wAttan 

::unIscdco, ,&3lstaIlt 

..ttorney General, pseelng upon the sane question wo now 

have under consideration this department held that. the 

county judge Is the presiding member of the oommleelonere.1 court and thet this court 3s composed of five membars, fcur cotiesloners and the county judge and euoh 

member, lncluaiw the county judge, has the right to 

vote 8t any and all times and all rl&ts Inoldent thereto upon any question presented to the court. 

Vie conaur with the holdI& as stated 15 the 

ubove mntlonea opinion and believe that It oorreotly 

construes the law regard- W question now under amsideration. 

It appeers from all the authorities that we 

have examined that the oounty judge I.8 an Integral part 

of the o~mmi~sfoners' @urt end in none of the authorlties, aonstItutIonal, statutory, or juaioial Interpretations is the right of such judge as 4 oonstituent member 

of the commIssIonera* court denied nor Is his right to 

vote aenled expressly or Implledly. 

YOU are respeotfully advised that It Is the 

opinion of this department that the county judge enjOyS 

equal voting rlehts with all of the other members of the 

oomissloners' court r&ich will lnolude the ri&ht to mnke 

or second any motion and the rIGht to vote whether there 

be * tie emong the votes OS other membera of the court Or 

not. 

Trusting that the foreeolng fully anawere your 

Inquiry, we remdIn 

Yours very truly