Honorable Ed Keys 

County Attorney 

Ward County 

Monahans, Texas 

Dear sir: 

Opinion NO. c-500 

Re: Whether a person presently 

residing In Commissioner’s 

Precinct No. 2, but who will 

be living In a new precinct 

on January 1, 1967, Is ellglble to run for Commlssloner 

of Precinct No. 2 in the 

1966 election, under the 

facts stated. 

In your letter requesting an opinion on the aboveoaptloned question, you state that the commissioners’ precincts 

in Ward County have been changed, effective January 1, 1967, 

and that a8 a result of the precinct boundary changes some 

people presently residing In Precinct 2 will reside in another 

precinct on the effective date of the changes. Quoting from 

your letter, you state further: 

“Article 23514, R.C.S., clearly states 

that perso s presently living in Precinct 2 

but who wl E l~llve’ln another precinct on said 

date can run for Commissioner In their new 

oreclnct In the 1966 aeneral election. How - 

bver, the questlon I 6ave to pose 

Can the person presently residing 

2 but who will be living In a new 

on said date run for Commissioner 

Precinct 21” 

Article 23513, Texas Revised 

In 1965 (Acts 59th Leg., 

Civil Statutes, enacted 

1965, ah. 664, p. 1523), reads in 

part as follows: 

is this: 

In Precinct 

precinct 

in 1966 in 

“(a) Whenever the Commissioners Court 

change8 the boundaries of commissioners precincts or of ~justlce precincts, It may specify 
Hon. Ed Kefs, page 2 (C-580) 

in its order a future date, not later than 

the first day of January following the next 

genera~l election, on which the changes shall 

become effective. If an election for any 

precinct office Is held before the effective 

date of the order, the office shall be filled 

at the election by the voters of the precinct 

as It will exist on the effective date of the 

change In boundaries. A person who has resided within the territory embraced in the 

new boundaries for the, length of time required to be eligible to hold the offloe 

shall not be rendered ineligible by virtue 

of the precinct's not having been In exiatence for that length of time." 

Article 1.05 of Vernon's Texas Election Code, as 

amended In 1963, provides in part as follows: 

"NO person shall be eligible to be a 

candidate for, or to be elected or appointed 

to, any public office In this state unless 

he shall be eligible to hold such office under 

the Constitution and laws of this state, and 

unless he Is a citizen of the United States 

and shall have resided In this state for a 

period of twelve montha next preceding the 

date of any primary, general or special 

election at which he offers himself as a 

candidate or next preaedlng the date of his 

appointment, a8 the case may be, and for any 

office which Is less than state-wide, shall 

have,resided for six months next preceding 

such election in the district, county, precinct, municipality or other political subdivision for whloh the office Is to be fllled~; 

provided, however, that the foregoing residence 

requirements shall not apply to any office for 

which the Constitution or statutes of the 

United States or of this state prescribe residence 

quallficat.lons In conflict herewith, and In case 

of conflict the ~r~i+$one of such other laws 

shall control. 

In Brown v. Weeks, 96 S.W.2d 839 (Tex.Clv.App. 1936, 

error dism.), th Commissioners Court of.Bexar County, prior 

to the primary election In 1936, had entered an order changing 

-2802- 
Hon. Ed Keys, page 3 (c-580) 

the boundaries of the justice precincts and had specified that 

the ohanges were to be effective as of January 1, 1937. The 

order further provided that the nomination and election of 

justice precinct officers In the 1936 elections should be In 

accordanoe with the precincts as they would exist on and after 

January 1, 1937. In an election contest over the office of 

constable for new Precinct No. 1, the Court of Civil Appeals 

held that the portion of the order providing for the nomination 

and election of officers for the new precincts was void, as 

It was not within the power of the commissioners court to authorize persons to become candidates for office and vote in a 

precinct to be created in the future. The basis for the,declslon 

Is stated In the following quotation from the opinion, 96 S.W.2d 

at pp. 841-042: 

“The Conktltutlon and statutes of this 

state, particularly ~artlale 2927, R.S. 1925 

/iiow Article 1.05, Vernon’8 Texas Election 

code7, ~prescrlbe the qualifications of 

canrldates. One of such quallflcatlons Is 

that a candidate for office must reside for 

six months in the precinct in which he attempts 

to become a candidate for office. Certainly 

no one Is at the present time a resident of 

new precinct No. 1, for the very simple reason that this legal entity does not exist at 

the present tlme.’ It will not come Into 

existence, according to Its own terms, prior 

to January 1, 1937. Until that time no legal 

entity in the form of a new justice precinct 1s 

In existence. 

“There can be no question as to the 

power of the commissioners1 court to create 

new justice precincts, Prom time to time, 

for the convenience of the people. **4i 

“The commissioners’ court also has the 

power, when lawfully exercised, to pass an 

order redistricting the county into new justice 

of the peace precincta to become effective in 

the future. *** 

“However, when the commissioners’ court 

attempts to determine who may become a candidate or vote in such new districts, It Is 

attempting to legislate upon a subject over 

-2803- 
Hon. EB Keys, page 4 (c-580) 

which it has no jurisdiction. The Legislature 

of this state has fixed the quallflcatlona of 

candidates for the office of constable, or any 

other precinct officer, article 2927, R.S.1925, 

and the commissioners’ court cannot add to or 

take from these quallflcatlone.” 

The holding in Brown v. Weeks wa8 applicable to 

commlssloners~ precincts as well a8 justice precincts, 

In our opinion, the purpose of paragraph (a) of 

Article 23513 Is to supply the legislative authority, found 

lacking In the Brown case, 

In accordance wmreolnct 

for the election of precinct officers 

boundaries which are to become effective in the future, and to make it clear that the precinct 

residence requirement prescribed by Article 1.05 of the Election 

Code for seeking and holding the precinct offices shall be determined with reference to the boundaries of the precincts aa’tbey 

will exist tipon the effective date of the changes. Thus, a fierson 

who on the date of the flrat primary election In 1966 will have 

resided for six months in the territory embraced within new 

Commissioners’ Precinct No. 2 of Ward County will meet the precinct 

residence requirement to be a candidate for nomination for commlssloner of that precinct, although he may be living in a precinct 

of a different number under the old designation. We do not find 

any indication of an Intent to do away with the necessity for 

meeting the precinct residence requirement as prescribed and 

clarified in these two statutes. A person living in territory 

comprised in old Precinct No, 2 but which Is transferred to some 

other precinct under the new order will not meet the residence 

requirement for commlssloner of new Precinct No. 2 and will not 

be eligible to run for that office. 

SUWMARY 

Where the commissioners court has adopted~ 

an order changing the boundaries of commissionera’ 

precincts, to become effective on January 1, 1967, 

the precinct residence requirement for running for 

county ccmnnisaioner in the 1966 elections Is to be 

determined with reference to the boundaries as they 

will exist after the effective date of the order. 

A person residing in territory presently comprised 

In Commlssloners Precinct No. 2 but which Is transferred to some other precinct under the new order 

will not meet the residence requlrement for commlssloner of new Precinct No. 2 and will not be 

eligible to run for that office In the 1966 electlons. Art. 1.05, Vernon’s Texas Election Code, 
, . 

Hon. Ed Keys, page.5 (C-580) 

and Art. 23514, Texas Revised Clvll~Statutes 

(Acts 59th Leg., 1965, ch. 664, p. 1523): 

Yours very truly, 

WAGGONER CARR 

Attorney General 

Assistant 

MKW:ra 

APPROVED: 

OPINION COMMITTEE 

W. V. Oeppert, Chairman 

John Reeves 

Dean Arrlngton 

Ralph Rash, 

Marietta Payne 

APPROVEDFOR TRFi ATTORNJZY GENERAL 

BY: T. B. Wright 

-2805-