Hon. Alex F. 60x 

District Attorney 

36th Judicial District 

Seevllle, Texas 

Dear Sir: Opinion No. 04515 

Re: (1) Is a commissioners court 

‘emRotiered't0 appoint as shrelff 

a non-resident of the county to 

serve out.the unexpired term of 

the duly elected sheriff who has 

resigned?, 

(2) If suoh appointment is made, 

can.the appointee legally hold the 

office of sheriff during the term 

of the appolntinent? 

(3) Would the fact that the api 

polntee Is a State Ranger who 

formerly maintained his reeldenae 

in the county, but who for the 

past 10 months has resided elsewhere 'with his family, make any 

difference with regard to the 

legality of the appointment? 

your request for an opinion on the above-stated 

questions has been received by this department. 

Article 2227, yernon's Civil Statutes, reads as 

follows: .~. 

"mo person shaL1 be eligible to any State;aounty, 

precinct ormunlolpal office in this State unless he 

shall be eligible to hold office under the Constitution 

of this State, and unless h8 shall have resided in this 

State for the period of twelve (12) months, and six (6) 

months In the county, precinct or munlclpalltg,~ in which 

he offers himself as a candidate, next preceding any 

general or speoial election, and shall have been an 

actual bona fide citizen of said oounty, prealnct or 

munloipality for more than six (6) months. No person 

Ineligible to hold office shall 8V8r have his name 

placed upon the ballot at any general or special election, or at any primary election where candidates are 
Hon. Alex F. Cox, Page 2, O-1515 

selected under primary election laws of this State; 

and no such in8ligibl8 candidate shall ever be voted. 

upon, nor have votes counted for hlm,at any such general, 

special or primary election." 

Article 2928, Vernon's kvll Statutes, provides: 

%Ueither the Secretary of State, nor any county 

judge-of this State, nor any other authority authorized 

to Issue certificates, shall Issue any certificate of 

election or appointment to any person elected or 

appointed to any office Inthis State, who is not eligible 

to hold such office Under the Constitution of this State 

and Under the above ArtiCl8S; and,the name of no ineligible 

person, under the Constitution and laws of this State, 

shall be Certified by any party, oommlttee, or any 

authority authorized to have the names of candidates 

placed upon the primary ballots at any primary election 

In this State; and the name of no ineligible candidate 

under the Constitution and laws of this State shall be 

placed upon the ballot of any general or special election 

by any authority whose duty It Is to place names of 

candidates upon official ballots." 

Our courts have uniformly heid that a party who Is 

duly appointed or elected as an officer Is a de facto officer, 

although he may be In law dlsquallfldd from acting. See the 

cases of Germany vs. State, 3 S.W. (2d) 798; Broach vs. Garth, 

50 S.W. 594; and Shlrber vs. Culberson et al, 31 S.W. (2d) 

661, and authorities cited therein. 

In view of the foregoing aUthOriti8s, questions 

numbered 1 and 2, above quoted, are answered In the negative. 

Section 9 of Article 16 of the State Constitution 

reads as follows: 

"Absence on business of the State or of the 

United States, shall not forfeit a residence once 

obtained, so as to deprive anyone of the right of 

suffrage, or of being elected or appointed to any office 

under the exceptions contained in this COnStitUtlOn." 

m opinion No. O-1263, thFs department held that 

"a party cannot hold the office of deputy sheriff and Special 

ranger at the same time." We enclose a copy of this opinion 

for your convenience. 

In view of the above-mentioned~opinion, it is 

apparent that a party cannot hold the offlae of sheriff so 

long as he remains a Stat8 Ranger. 
Hon. Alex F. 

In view of the foregoing authorities, you are 

r8Sp8CtfUlly advised that it Is the opinion of this department that If the appointee to the office of sheriff maintained 

cox, Page 3, o-1515 

his legal residence In the OOUnty where euoh appointment Is 

to be made during the past eighteen months he was absent from 

the county on business of the State as a State hng8r, and 

still maintains his legal residence In such county, he can 

bellegally appointed sheriff of such county. However, If 

such appointee did not maintain his legal residence In th8 

county Wh8r8 such appointment is.to be made dUrlng the past 

eighteen months he has been absent from the county, he cannot be legally appointed sheriff of the county. 

Trusting that the foregoing fully answers your 

lnqulry, we remain 

Yours Very truly 

ATTORNEY GENERAL OF TnEXAS 

s/ hrdell Wllllams 

BY Ardell'~llllams 

&%vistant 

RPPROm OCTOBER 20, 1939 

s/ Gerald C. Mann 

ATT$?lWY GENERAL‘ OF TEXAS 

&prOV8~~Opinion Committee By BWB, Chairman 

AW: @dog-