. 

The Attorney General of Texas 

December 20, 1982 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin, TX. 76711. 2546 

512/475G!501 

Telex 9101674-1367 

Telecopier 5121475-0266 

1607 Main Sl., Suite 1400 

Dallas. TX. 75201-4709 

2141742.6944 

4624 Alberta Ave., Suite 160 

El Paso, TX. 79905.2793 

9151533-3464 

1220 Dallas Ave., Suite 202 

Houston, TX. 77002-6966 

7131650.0666 

606 Broadway, Suite 312 

Lubbock. TX. 79401-3479 

6061747-5236 

4309 N. Tenth. Suite B 

McAllen, TX. 76501-1665 

5121662-4547 

200 Main Plaza. Suite 400 

San Antonio. TX. 76205.2797 

512/225-4191 

An Equal Opportunity/ 

Affirmative Action Employer 

Honorable Robert E. Bell. 

Criminal District Attorney 

Jackson County Courthouse 

Edna, Texas 77957 

Opinion No. ~~-521 

lb?: Whether appointee to 

office of District Judge of 

267th Judicial District serves 

from November 2, 1982 to 

January 1, 1983 

Dear Mr. Bell: 

In 1981 the Texas legislature created the 267th Judicial 

District. V.T.C.S. art. 199a. 93.093; Acts 1981, 67th Leg., ch. 25, 

61, at 51. Governor Clements then appointed an individual to the 

office of district judge in this district. - See V.T.C.S. art. 199a, 

666.001, 2.005. 

You advise that at the May 1, 1982 primary election, the 

Clements' appointee failed in his attempt to become the Democratic 

candidate for district judge in this district. The winner of the 

primary election ran unopposed in the November 2, 1982 general 

election. You ask: 

1. Who is entitled to the office of Judge of 

the 267th Judicial District Court during the 

"interim" period between: 

(a) the certification of the official canvas 

of the returns of the general election which 

was held on November 2; and 

(b) the swearing and qualifying of the winner 

of the four year term on January 1, 1983? 

2. Is the Democratic candidate to take the 

oath, assuming that he is elected, and be 

qualified upon receipt of his certification of 

election, or must he wait until January 1, 1983 to 

take office? 

Section 2.005 of article 199a provides that: 

p. 1888 
Honorable Robert E. Bell - Page 2 (~g+521) 

The district judge of each new district created 

by this Act shall be appointed by the governor in 

the manner prescribed by the constitution and laws 

of the State of Texas and shall serve in such 

capacity until the next succeeding general 

election and until his successor has been duly 

elected and has qualified.... (Emphasis added). 

Section 6.001 of article 199a provides in part: 

When a judicial district is created by this Act 

or by amendment to this Act, the Governor shall 

appoint a qualified person to the office of 

district judge, who shall serve until the next 

succeeding general election and until his 

successor is elected and has qualified.... 

(Emphasis added). 

Neither section 2.005 nor section 6.001 indicates when the 

"successor" who is elected to a regular term of office at the November 

eeneral election becomes 

however, 

"aualified" to hold office. It is settled. 

that statutes dealing with the same subject are to be read 

together. Calvert V. Fort Worth National Bank, 356 S.W.2d 918 (Tex. 

1962). Article 17, V.T.C.S., provides: 

The regular terms of office for all elective 

state, district, county and precinct offices of 

the State of Texas, excepting the offices of 

Governor, Lieutenant Governor, State Senator, and 

State Representative, shall begin on the first day 

of January next following the general election at 

which said respective offices are regularly 

filled, and those-who are elected to regular terms 

shall qualify and assume the duties of their 

respective offices e 

following their election, or as soon thereafter as 

possible. Persons elected to unexpired terms in 

the various state, district, county and precinct 

offices shall be entitled to qualify and assume 

the duties of their respective offices immediately 

upon receiving a certificate of election, which 

certificate shall be issued immediately following 

the official canvass of the results of the 

election at which they were elected, and they 

shall take office as soen thereafter as possible. 

(Emphasis added). 

Article 17 clearly provides that only those persons elected to 

unexpired terms qualify for and assume the duties of their offices 

immediately upon receiving a certificate of election. Those elected 

p. 1889 
Honorable Robert E. Bell - Page 3 (MW-521) 

to regular terms qualify for office "on the first day of January 

following their election, or as soon thereafter as possible." Since 

the Democratic candidate for district judge of the 267th Judicial 

District was elected to this office on November 2, he falls in the 

latter category. 

Therefore, the answer to your questions is that the governor's 

appointee is entitled to serve as district judge of the 267th Judicial 

District until his successor "is elected and has qualified," which 

will be on January 1, 1983 "or as soon thereafter as possible." - See 

Ex parte Sanders, 215 S.W.2d 325 (Tex. 1948). 

SUMMARY 

The present appointee to the office of district 

judge of the 267th Judicial District is entitled 

to hold office until his successor "has been duly 

elected and qualified," article 199a. sections 

6.001, 2.005, V.T.C.S., which will be "on the 

first day of January following [his] election, or 

as soon thereafter as possible." V.T.C.S. art. 

17. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Jon Bible 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Patricia Hinojosa 

Jim Moellinger 

Stan Reid 

Bruce Youngblood 

p. 1890