JIMMATTOX Attorney General

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# TheAttorney General ofTexas

**Dccambcr 20.**  **1904**

Donorable Tmmy Y. Wallace Criminal District IStormy Van Zandt County Cmrthouse Canton, Texan **751c3** Opinion Do. .Df-277 Re: Whether a constahlo who has been appointed to fill a vacancy is authorized to call a meeting of a county grievance cosmlttee Dear Dr. Wallace: You have ask44 whether the phrase “elected county or precinct officer” as used in sectfon 2(e) of article **3912K.** V.T.C.S.. includes a county constable ,whohas been appointed to fill the vacancy left by an elected constab:le who has been temporarily suspended from office by the district court. Article **3912K.** section 2(e) provides:

Any elected county or precinct officer who is aggrievei by the setting of his salary or personal expenses may within 5 days of his notification request a hearing before the salary grievance colmllittec.

. . . Weconclude that article 3912K. section 2(e) applies equally to anyone vho holds the offi,ze of constable whether he has been elected in a general election or appointed to fill avacancy. In general, nt:atutory language ~311 be construed to give effect to **the** legislot.lw Intent. National Surety Corp. v. Ladd, 115 S.U.Zd 600, **603** (Tex. **1938).** When necessary to fulfill the IeKislative intent and to effectuate the legislative purpose, the meaning of words vi11 be extended beyond or restrdcted within their natural import. Lunsford v. City of-Bryan. 297 S.W.2d 115. 117 (Tex. 1957); Cit of Mason v. Went Texas Utilities Company, 237 S.W.2d 273, 27** 1951). It is our opinion that it would not comport with the legislative lntenl: behind article 3912K to construe the language of the statute litera,lly, thereby distinguishing constables vho have been elected to offiw from those vho have been appointed to fill vacancies. In Attorney Ctmeral Oploion MW-111 (lYi9). this office dlscussed the status of a person appointed to the constitutional office of sheriff to fill an unexpired term. The question addressed in theltoaorablo Tosmy Y. Wallace - **lhse** Z+~J&277)



### opinionconcerned the applicdbility **of** 

### article 4413(29aa). V.T.C.S. to **:I sheriff**  

### appointee. Article 4513(29ae) creetcd the Corission on Law l?nforcsment 

### OfficerStsndartls and Education vhich sets standards for law enfnrcsment officers ia the 

### state. The provisions of 

### article 4413(29aa) are qualified 

### by **the** 

### specific exemption found in section 6(f): Nothing herein shol.1 

### be ~construed

. . . to affect



### ‘any sheriff , cowtable 

### or other lav enforcement officer elected 

### under the provislons **of** 

### the Constitution of the State of Texas. In Attorney General Opluion Mu-111 (1979). this office construed section 

### 6(f) to exempt from certification 

### those persons occupying constitutional law enforcement offices. The opinion concluded 

### that because 

### the constitutional office itself vas excepted from article 4413!?9aa), it was immaterf.al 

### that a person held 

### the position by appointment rather than by popular election, despite the literal language 

### of the provision ff.. both elected 

### and appointed sheriffs 

### are exempted. The opinion ,reasoned as follws:

[Ilf the statute were construed otherwise. the requirements of the statute would constitute qualifications 

### forthe office. There would be one 

### setof qualifications for the office if occupied by an appointee, and another set for it If occupied by apcrs.on popularly elected to it. **Attorney** Crneral **Opinion** MR-111 (1979). Analogously, we conc:lude that 

### the phrase “elected county or 

### precinct office? as used in article **3912K**must he construed broadly to refer to the elected o:Fl’ice itself; anyone holding the offke of constable may request a hearing before the grievance committee regardless of the manner by vhich the constable attained his office. SUMMARY
**A** constable nay request a hearing hefore a salary grievance committee pursuant to article 3912K. V.T.C.S., whether he has been elected or appointed to 

### his office.

**JIN** MATTOX **Attorney** General of Texas

### Honorable tm Y. Usllrce a.P8ge 3 (a-277)

TCHGREEN First Araistant Attorney Cawral 

### DAVID**R.** 

### RICHARDS Executive Assistnnt Attorne:r General RlCKCILPIN Chairman. Opiniqn Comittee Prepared byRick Gilpin Assistmt Attorney 

### General APPROVED: OPINIONCOMMITTEE Rick Gll.pin. Chairman Colin Carl Susan Garrison Tony Guillory JimHoellinger Jennifer Riggs