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THEAYTORNEYGENERAL 

OF’ TEXAS 

July 18, 1962 

Honorable Glendon Roberts Opinion No., WW-1386 

County Attorney 

Bandera County Re: 

?. 0. Box 446 

Whether independent candidates for the office of 

Bandera, Texas County Tax AssessorCollector of Bandera County, 

which county has less than 

10,000 inhabitants, and 

which separate office of 

Tax Assessor-Collector has 

been created by special 

election under Art. 1903, 

V.C.S., must corn ly with 

Sec. 3, Art. 13. t i'a, Election Code, providing for 

an affidavit of intention 

Dear Mr. Roberts: to run. 

Your letter requesting an opinion reads in part as follows: 

"The Commissioners Court of Bandera 

County, Texas, called a special election for May 5, 1962, for the purpose 

of submitting to the qualified property 

tax paying voters of such county the 

question of adding an Assessor-Collector 

of Taxes to the list of authorized county 

officials. At such election the majority 

of the property tax paying voters voted 

in favor of adding such Assessor-Collector 

of Taxes to the list of authorized county 

officials." 

Prior to the special election in Bandera County, held on 

May 5, 1962, the Sheriff of Bandera County was ex-officio Tax 

Assessor-Collector, as provided by Section 16, Art. VIII, Texas 

Constitution. As authorized by Sec. 16a, Art. VIII of such 

Constitution, the Commissioners Court called the special election of May 5, 1962, which resulted in the separation of the 

offices of Sheriff and Tax Assessor-Collector. This office 

held in Opinion No. WW-1292 that whoever was elected as Tax 

Assessor-Collector of Bandera County at the General Election 

of November, 1962, would only serve until December 31, 1964, 

and the Tax Assessor-Collector of Bandera County elected at 
Honorable Glendon Roberts, page 2 Opinion No. W-1386 

the General Election of November, 1964, and thereafter, would 

serve for full four year terms. The separate office of Tax 

Assessor-Collector of Bandera County did not come into existence 

until after the votes were canvassed for the special election 

of May 5, 1962. Certain candidates for the office are running 

as independent candidates by petition as provided for in Articles 

13.50 to 13.53, inclusive, Election Code. These can&dates 

were unable to comply with Sec. 3, Art. 13.47a, Election Code, 

which provides for independent candidates to file an affidavit 

of intention to run as independent candidates with the County 

Judge on or before the fdrst Monday in February of the election 

year, since the separate offtce of Tax Assessor-Collector of 

Bandera County did not exist on the first Monday of February, 

1962. 

You have asked the following question: 

"The question arises as to whether or 

not the proposed candidates can have their 

names printed on the official ballot as 

independent candidates for said office for 

the general election?" 

Tnis office recently held in Opinion No. WW-1377 that where 

a county or precinct office is to be filled at the General Election for a full f,our year term, an independent candidate must 

have filed his affidavit of intention to run for such office 

with the County Judge on or before the first Monday in February 

of the election year, in order to have his name printed on the 

General Election ballot, as required by Sec. 3, Art. 13.47a, 

Election Code. But Sec. 3, Art. 13.47a, Election Code provides 

for such affidavit to be filed on or before the first Monday 

in February of the election year only in those cases where it 

is known at that time that there is an office to be filled by 

the voters at the next General Election for a full term. Sec. 

4, Art. 13.&7a, Election Code provides that in elections to 

fill unexpired terms, the affidavit will not be required unless 

the vacancy in office occurred prior to the tenth day preceding 

the first day of February in the election year. 

Obviously, neither Sec. 3 nor Sec. 4 of Art. 13.47a, Election Code is applicable to your situation. On the first Monday 

in February of the present election year (February 5, 1962) the 

separate office of Tax Assessor-Collector of Bandera County did 

not even exist, and no one could predict whether or not the 

Commissioners Court would call such an election, or if held, 

what the outcome would be. Such office did n# come into existen:e until the votes were canvassed after the special election 

was held on May 5, 1962. We hold, therefore, that independent 
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Honorable Glendon Roberts, page 3 Opinion No. WW-1386 

candidates for the office of Tax Assessor-Collector of Bandera 

County may have their names printed on the ballot for the General Election of November, 1962, by complying with the provisions 

of Arts, 13.50 to 13.53, inclusive, Election Code, governing 

the filing of independent candidates, plus the requirements 

of Art. 6.02. Election Code. which reauires a loyalty affidavit from any-and all candidates. - 

SUMMARY 

Sec. 3, Art. 13.47a, Election Code, which 

requires an affidavit of intention to run to be 

filed by independent candidates on or before the 

first Monday in February of the election year, 

is not applicable to independent candidates in 

the General Election to fill the separate office 

of County Tax Assessor-Collector, which office 

was created by special election held in May of 

the election year in a county with less than 

10,000 inhabitants, under the provisions of 

Art. 1903, V.C.S., since the separate office 

of Tax Assessor-Collector did not exist in 

such county on the first Monday in February 

of the election year, in order for independent 

candidates to declare their intention to run 

therefor. 

Independent candidates for the office of 

County Tax Assessor-Collector of Bandera County 

may have their names printed on the ballot for 

the General Election of November, 1962, by complying with the provisions of Arts. 13.50 to 

13.53, inclusive, Election Code, governing the 

filing of independent candidates, plus the requirements of Art. 6.02, Election Code, which 

requires a loyalty affidavit from any and all 

candidates. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

Riley Eugene Fletcher 

Assistant 

REF:rk 
Honorable~Glend)n Roberts, page 4 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, 'Chairman 

Robert Lewis 

W. 0. Shultz 

Coleman Gay 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore 

* 

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Opinion No. WW-1386