JIM MATTOX 

Attorney General 

suprome Court Bullding 

P. 0. Box 12548 

Austin. TX. 78711.2549 

51214752501 

Telex SlofS7&13S7 

Telecopier 5121475tJ288 

714 .J1EkSO”. SUIP 700 

Dallrr. TX. 7S2o2JsoB 

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El P4s.a TX. 7SBOS.2793 

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a1 Texas. suite 7M) 

Houston. TX. 77002.3111 

713J223aSB 

SW Broadway. Suite 312 

Lubbock. TX. 79401-347s 

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43z4 N. Tenth. Suite B 

McAllen. TX. 7SSol~lea5 

512mS2-4517 

2CQ Main Plaza. Suite 400 

San Antonio. TX. 78205-2797 

512f225-4191 

A” Equal OppOrtWWyl 

Attirmative Action EmPlOW 

The Attorney General of Texas 

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 ,who has 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. . . . 

We conclude 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 a vacancy. 

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 the 
ltoaorablo Tosmy Y. Wallace - lhse Z+~J&277) 

opinion concerned the applicdbility of article 4413(29aa). V.T.C.S. to 

:I sheriff appointee. Article 4513(29ae) creetcd the Corission on Law 

l?nforcsment Officer Stsndartls 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 for the office. There would be one 

set of qualifications for the office if occupied 

by an appointee, and another set for it If 

occupied by a pcrs.on popularly elected to it. 

Attorney Crneral Opinion MR-111 (1979). 

Analogously, we conc:lude that the phrase “elected county or 

precinct off ice? 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) 

TCH GREEN 

First Araistant Attorney Cawral 

DAVID R. RICHARDS 

Executive Assistnnt Attorne:r General 

RlCK CILPIN 

Chairman. Opiniqn Comittee 

Prepared by Rick Gilpin 

Assistmt Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gll.pin. Chairman 

Colin Carl 

Susan Garrison 

Tony Guillory 

Jim Hoellinger 

Jennifer Riggs