THEATITORNEY GENERAL 

OF TEXAS 

December 20, 1960 

Mr. Alton R. Crlffln 

County Attorney 

Lubbock, Texas 

opinion No. wu-976 

Ra: The effect that a precinct local 

option election will have upon a 

city which has heretofore voted 

dry upon the same issue which is 

up for vote in the precinct, which 

lncludebl within its boundaries the 

Dear Mr. Griffin: dry city, and related questions. 

Your request reads in part as follows: 

"On the 5th day of November, 1960, the Incorporated City 

of Slaton, Texas, held a local option election upon the issue 

for the sale of alcoholic beverages for off-premsse consumption. 

On December 10, l&C, Justice Precinct 2 in the County of Lubbock 

will hold an election for the sale of alcoholic beverages for 

off-premise consumption. The City of Slaton is complataly within 

the boundaries of Justice Precinct 2. 

"I have read your Opinion WWgk5 concerning the election in 

Grayson County, Texas, and your opinion that the county-wide election 

would have no effect upon the City of Denison which had previously 

voted wet. My questions are as follows: 

"(1) Will the City of Slaton remain dry regardless of whether 

Justice Precinct 2 legalizes the sale of alcoholic beverages or not? 

"(2) Are the people within the city limits of Slaton entitled 

to vote in this precinct election since only a month previous they 

voted on the same issue in the City election? 

“(3) If the majority of the voters in the box located within 

the city limits of Slaton vote wet, will that result in the city 

being wet? 

"My interpretation of the law end of your opinion as well as 

my discuesion with you would be as follows: that the people of 

Slaton would be entitled to vote in the precinct election and that 

: ‘,... 
Mr. Alton R. Griffin, Page 2 (~-976) 

the City of glaton, Texas, will remaindry regardless of the 

outcomo~of the precinot election and regardless of this vote in 

the City of Slaton ltaelf." 

Your interpretation of the law and of Attorney General's Opinion No. 

WW-945 is correct. 

In WW-945, it was stated that the 1959 case of k&era v. Martinez, 320 

S.W.2d 862 (Tex.Civ.App., 1959)~writ ref. n.r,e., per curiam opinion 326 S.W. 

26 171r was controlling th~.thtg,type cf~edt~atio~i:~d'Yie~,fo3~Wing;exC~acf;sjfr

that case are pertinent: 

*Appellant further contends that the theory of local 

self-government requires that the will of the county should 

control over the will of the precinct or city. We do not 

agree. The doctrine of local self-government requires that 

the will of the smaller unit shall control over the will of the 

larger unit. The doctrine of local self-government will not 

support a rule to the effect that the county must control the 

precinct or city." (Emphasis added.) 

"It is plain from the provisions of the 1935 amendment 

and the statute enacted thereunder, that the Legislature in 

submitting the constitutional~amendment and'enacting the 

statute, and the people in adopting the 1935 amendment, intended that counties, justice's precincts and incorporated.IQitSes~ 

or towns should be on an equal footing, and that by complying 

with the provisions of the law either of them might hold an 

election any time to either "legalize',or ,'prohibit': the sale 

of alcoholic beverages, in keeping with the provisions of Sec. 

40, Art. 666, Vernon's Ann. Penal Code. The only limitation is 

that an election for.the same purpose in the same area must not 

be held oftener than once a year, as is provided by Article 

g66-32, which reads in part as follows: 

'No subsequent electionupon the same 

issue shall be held within one (1) year from 

the date of the last preceding local option 

election in any county, justice's precinct, or 

incorporated city or towne"' (Emphasis added,) 

To answer your questions specifically, first, the City of Slaton would 

remain dry regardless of whether Justice Precinct 2 legalizes the sale of alcoholic beverages or not. The City of Slaton is the smaller governmental unit of 

the two, smaller in. size and population, and completely within the boundaries 

of Precinct 2. So, carrying the doctrine of local self-government to the smallest 

unit, the declared result is apparent. 
Mr. Alton R. Griffin, Page 3 (w-976) 

Second, the people within the city limits of Slaton~are entitled to vote 

in this Precinct 2 election even though they voted on the same issue in the city 

election only s month prior to the precinct election. In a precinct-wide election, 

every eligible voter in the precinct is entitled to vote. The eligible voters of 

the city of Slaton would not be prohibited from participating because of their 

recent election for the reason that the areas covered by the elections are not the 

same. 

Third, if the majority of the voters in the box located within the city 

limits of Slaton vote wet, that would not result in the city becoming wet. The 

precinct election is not a city electionand would have no effect on the previous 

election held by the smaller governmental unit, the City of Slaton. 

As Attorney General's Opinion No. WW-945 stated, to reach a different 

result in such situations would be contrary to the will of the voters in the 

cities, towns and justice's precincts, contrary to the holding in Myers v. 

Martinez, supra,>$nd contrary to the wording of the 1935 Constitutional Amendment. 

SUMMARY 

1. The city of Slaton would remain dry regardless of whether Justice 

Precinct plegalizes the sale of alcoholic beverages or not. 

2. The peopie within the city limits of glaton are entitled to vote in 

this Precinct 2 election even though they voted on the same issue in the city 

option election a month earlier, 

30 If the majority of the voteas in the box located within the city 

limits of Slaton vote wet, that would not result in the city becoming wet. - 

Very truly yours, 

WILL WILSON 

Attorney Gsneral of Texas 

APPROVFD: 

OPINION COMMI!lYEE 

W. V. Gepport, Chairman 

Leon Pesek 

Bill Allen 

W. Ray Scru&y 

Ben Harrl&n 

iy GLEZNR. BROWN 

Assistant 

_’ 

I 

RBV~FORTBBATTORNEY GENERAL 

BY; Iaonsrd Passmore