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 anon-resident of the county to serve out.the unexpired term of the duly elected sheriff who has resigned?, (2) If suoh appointment ismade, can.the appointee legally hold the office of sheriff during the term of the appolntinent? (3)Would the factthat the api polntee Is a State Ranger who formerly maintained his reeldenae in the county, but who for the past 10months has resided elsewhere 'withhis family, make any difference with regard tothe 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: .~.

"moperson 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 ormunlclpalltg,~inwhich 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 formore than six (6)months. No person Ineligible tohold 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 

### lawsof thisState; andno such in8ligibl8 candidate shall ever bevoted. upon, nor have votes counted for hlm,at 

### anysuchgeneral, special or primary election."
Article 

### 2928,Vernon'skvll Statutes,provides:
%Ueither the Secretary 

### of State,nor anycounty judge-ofthisState,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 isnot eligible to hold such office Under the Constitution of this 

### State and Under the above ArtiCl8S; and,the name ofno ineligible person, under the Constitution and laws of this State, shall be Certified by anyparty, oommlttee, or any authority authorized tohave the names of candidates placed upon theprimary ballots at anyprimary election In this State; and the name ofno ineligible candidate under the Constitution and laws of this State shallbe placed upon the ballot of any general or special election by any authority whose duty It Is toplace names of candidates upon official ballots."

Our courts have uniformly 

### heid that a party who Is duly appointed or elected as an officer Isa 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;andShlrbervs. Culbersonetal,31 S.W. (2d) 661, and authorities cited therein.

In view of the foregoing aUthOriti8s, questions 

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

Section 9 ofArticle 16 of the State Constitution reads as follows:

"Absence onbusiness of the State or of the United States, 

### shallnot 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 

### apparentthatapartycannothold theofflaeof sheriff so long ashe 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 bemade 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 thepast 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


### ATTORNEYGENERAL 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-