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# 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

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An Equal Opportunity/ Affirmative Action Employer HonorableRobert E. Bell. CriminalDistrictAttorney JacksonCountyCourthouse Edna, Texas 77957 OpinionNo. ~~-521 lb?: Whether appointee to office of District Judge of 267thJudicialDistrict serves from November 2, 1982 to January 1, 1983 DearMr. 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"periodbetween: (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 fouryear 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,ormust he wait until January 1, 1983 to take office? Section 2.005 of article 199aprovides that:

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The districtjudge of eachnew district created by this Act shallbe appointedby the governor in themanner prescribedby the constitutionand 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 electedand has qualified.... (Emphasisadded). Section 6.001 of article 199aprovides inpart:

When a judicialdistrict is createdby thisAct 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.... (Emphasisadded). Neither section 2.005 nor section 6.001 indicates when the "successor"who is elected to a regular term of office at theNovember eeneral election becomes however, "aualified" to hold office. It is settled.

that statutes dealingwith 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 StateRepresentative,shallbegin on the firstday of Januarynext following the general election at which said respective offices are regularly filled,and those-whoare elected to regular terms shall qualify and assume the duties of their respective offices e followingtheirelection,or as soon thereafteras 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 respectiveoffices 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 thereafteras possible. (Emphasisadded). 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

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to regular terms qualify for office "on the first day of January following their election, or as soon thereafteras 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 serveas district judge of the 267thJudicial District until his successor "is elected and has qualified," which will be on January 1, 1983 "or as soon thereafteras possible." See - Ex parte Sanders, 215 S.W.2d 325 (Tex. 1948). SUMMARY The presentappointee 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 JOHNW. FAINTER,JR. FirstAssistantAttorneyGeneral RICHARD E. GRAY III ExecutiveAssistantAttorneyGeneral Preparedby Jon Bible AssistantAttorneyGeneral APPROVED: OPINION COMMITTEE SusanL. Garrison,Chairman Jon Bible Rick Gilpin PatriciaHinojosa JimMoellinger StanReid BruceYoungblood

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