Hon. R. E. Schneider, Jr. 

Count Attorney 

Opinion Ho. V-685 

Live i ak County Re: Effective date of a 

George West, Texas proposed election to 

abolish the office of 

County Superintendent 

In Live Oak County. 

Dear Sir: 

quote, la 

We refer to your recent letter from which we 

part: 

more 

“Live Oek County Is a county having 

than 2,000 but less ten 3?000 scholastic population, and the County Superintendent has recently resigned. 

“The statute authorizing and providing 

for the office of County Superintendent Is 

Artlole 2688 as emended by the Acts of 1945, 

end provides in part as follows: 

“111 all counties now or hereafter 

having the office of county Superintendent, 

where the scholastic population according 

to the last scholestlc census 1s less than 

3,000, but more than 2,000, the office of 

County Superintendent shall continue unless and until a majority of the quallfled property tax paying voters of said 

county, voting et an election held to determine whether said office shell be abolIshed, shall vote to abolish said office, 

which election shall be ordered by the Commissioners’ Court upon petition therefor 

es hereinafter specified, Provided, however, that If a majority of said voters 

voting et seld election herelnebove provided for, vote to abolish said office 

said election shall not become effective 

until the expiration of the term of office for which the County Supeplntendent 
. _ 

Hon. R. E. Schneider, Jr., psge 2 (V-685) 

has been elected or appointed.’ 

‘The term for which the County Superintendent was elected will expire December 

31, 1950. The office is now vecant. 

“Under the provisions of Article 2355 

of the Revised Civil Statutes, the Commissioners’ Court has authority to fill vrcanCIES in the office of the County Superintendent, such appointme to hold office 

until the next General Election. 

“It seems to be the concensu6 of opinion of the County School 3oWd that the office of County Superintendent Is not necessary lh the o&T, due to the feet that due 

to recent consolldatf~ns end annexation proceedings there ere only two corrrm~n school 

districts in the county, the rest of the districts ROW being In tvo independent school 

districts. The County Board had In mind 

the circulation of petitions for the Commissloners~ Court to call the election provided for In Article 2688 in order that 

the vote?6 vould have an opportunity to determlne vhether or not the office should 

be kbollshed, and the question arose as 

to vhen the election would become effective la the event it carried to abolish the 

OfflCd. The question being vhhethep or not 

ths election would becoue effective at the 

next General Election to be held this OQPlng November, or vould the election not become effective until January lst, 1951." 

In Opinion V-545, this office 8dvlsed thet by 

virtue of the provlsieas of Artlcl 

(quoted in your letter hereinabove P 

2688, as amended, 

all counties having 

the office of County Superintendent, where the scholestic population is less than 3,000 but more than 2,000, 

have been granted the express power to abolish by bn 

election the office of County Superintendent. Further, 

thet the general rule, supported by the weight of authorlty, Is that where a county 16 empowered by the Leglslrturs to create an office, It may, if unr66trlcted 

abolish It; but that the leglalrtlvo history c0nc8ralng 

the Texas Act, Article 2688, calls for am exception to 

this rule. Opinion O-3839. 
Hon. R. E. Schneider, Jr., page 3 (V-685) 

Live Cak County, assuming that it has the 

scholastic population reported herein, has the express 

power to abolish Its office of County Superintendent in 

the manner set out In Article 2688, as amended. The 

Legislature having specifically provided the statutory 

procedure, applicable to Live Oak County, by which the 

office of County Superintendent may be abolished, it 

follows that said office may not be abolished In any 

other manner. 

However, Article 2688, as amended, also provides that if a majority of the qualified voters vote 

to abolish said office of Its County Superintendent 

"said election shall not become effective until the expiration of the term of office for which the Eounty 

Superintendent has been elected or apQointed. 

sls ours) 

(&@aSince 1931, the office of County School Superintendent has been for e term of four gears. Article 

2688, V. C. S. By virtue,of the provisions of Article 

2355, hovever, wherever necessity requires the appolntment of a person to fill a vacancy created In said office, that offlce is open to election at the next General Election, end the term of the appolntee'wlll ex1 ire on January 1st follow1 

ttorney Gen6re1's Opinions 

~0~~o~~~~4~e~~~~~2~lectlon. 

Attorney Generalls“Cpinion lo. 0-1833 further 

advises to the effect that the fact that It Is now too 

late for e cendidate for nominee for the Democratic Perty to get his name printed upon the Primary Election 

ballot, or as for that matter, the failure of the Democratic Party to select a nominee, will not affect the 

right of the people to elect e County Superintendent at 

the General Election in Rovember. The voters may vote 

their choice by writing the candidate's name in the blank 

space provided for that purpose. 

!&us, If the Commissioners' Court of Live Oak 

County, acting under Article 2355, appoints, prior to 

General Election day, a person to fill the vacancy existing In Its office of County Superintendent, the term of 

said appointee qualifying therefor will expire on January 1st following the next General Election, towlt, January 1, 1949; and If prior to General Election date, the 

office of County Superintendent Is abolished in accordance with the provisions above quoted of Article 2688, 

as amended, then that statute provides in effect that 
Eon. B. E. Schneider, Jr., psge 4 (V-685) 

.m. . . .~ seid:abolls~ent election vi11 become effective on "the 

expiration of the term of office for vhiqh the County 

,C ,-_. ___... ~'(8.; i' i Superintendent has been . . . eppolnted, tovlt, Jenueiv J., 1949. 

,_.____,., "...r..r-..‘.-. 

If the Commissioners1 Court of Live Oek 

County, acting under Article 2355, V. C. S., 

prior to General Election day eppoints e per60~ to fill the vacancy existing in the office of County Superintendent, the term of 

Said appointee vi11 expire on January lst, 

fo11owing the next Genera1 Election. Attorney General's Opinion6 Ros. O-6923, O-1664, 

o-2212. 

And if, prior to General Election dey, 

the offlse of County Superintendent Is aboll6hed In accordance with Article 2688, V. C. 

S as 6mended, 66id abolition elwtion vi11 

biiome effective elt "the l xplrrtien of the 

term of office for vhiah the CountynSuperintendant has been . . . appolnt6d. 

Your6 very truly, 

ATTORRRYGERRRALOF TEXAS 

CBO:mw ,,wfCheqter R. 01116On 

A66$@t8st 

APPltBVRD;