**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. of the 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

CountyCommIssIonera Court,which **ahull** exercise suchpowers und jurlsdlctlonover all countybusiness, as Is conferred by thic constitutionand the laws of the State, or 2smay be hereafterpresorIbed.w .irtlolen

2342 and 2343 of Vernon's Clvll Statutes reads as followa:

‘Art. 2342. The severol commIssIoners, **to@ther** with the county judi(e, shall compose the "CommIasionera Court," tindthe 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 constitutea quorum fbr the transactionof any business,except that of levyInS n countytsx." Vi0 refer you to an opinion of thehonorable ii. V. 3aYfdBon,AttorneyGeneral of Texas, dated July 7, 1905, to :.!r. George T. Todd, Jefferson, Texas,which **passed** upon the question ofwhat constituted a quorum of thecammIssioners court, and the right of the oounty judgeto rote upon his suooessor,when the fasts showed the oounty judgehad resigned but his resignation had not been acoepted. ThIS oplnlonholds that the resignation of the county JuQe **16** ndt effectiveuntil accepted and his suooeasor Is qualified; thct thecounty judge has **4** right to vote; thatthe oounty judgeand two coumksaloners constitute **4** g~orumexcept as to levyinga tax; ahd that the county judge canvote upon his suaoessor.

.knexaerpt from this opinion reads: *You are, therefore, respectfully edrised that,notwithstanding the county judge ofyour countyhas tendered hla resignation aa county ju&e, end In the law, he continues In office and Is **not released**  from his dUtie6 and respons1bllltiesuntil1

u **suooessor is**  **appOinted und**  suallfled. **Therefore,** he and two of the wrrmcls**iloners 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?lnlonwAttan ::unIscdco, ,&3lstaIlt ..ttorney

General, pseelng upon the sanequestion wo now have under consideration this departmentheld that. the county judge Is the presidingmember of the oommleelonere.1 court and thet this court 3s composedof 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.

Vieconaurwith the holdI& as stated 15 the ubovemntlonea opinion and believe that It oorreotly construesthe law regard- W questionnow under amsideration.

It appeers from all the authoritiesthat we have examined that the oounty judge I.8 an Integral part of theo~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.

YOUare respeotfullyadvised that It Is the opinion of this departmentthat the county judge enjOyS equalvoting rlehts with all of the othermembers 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