<. _.



## THE A’ITORNEY GENERAL
OF TEXAS

Honorable F. L. &lassie County Auditor Wilbarger County Vernon, Texas Dear Sir: Opinion No. O-4994 Re: Termof county judge under facts stated. Your request for opinion has been received and carefully considered by this department. Wequote from your request as follows:"Judge John Myers county Judge for the years, 1941-1942, was re-elected for the years 1943-1944, but died August 8th 1942. "August llth, the Executive committee named 0.0. McCurdgas democratic nominee for the November Election, at which time hewas elected. "OnAugust 8th, 1942, the Commissioners Court appointed Marvin C. Culbertson, County Judge to fill out the unexpired term of John Myers."Thequestion has arisen as to the date of Explration of the term of Marvin C. Culbertson. "Please let mehave your opinion onthis point at your earliest convenience."
vides, Section 

### 28,Article V, of our State Constitution, proin part, as follows: II

. . . vacancies In the dfflce of Cpuntg Judge andjustice of the peace shall be filled by the commissioners court until the next general election for such offices." Article 2355, Vernon's Annotated Texas Civil Statutes, provldes: "The Court shall have power to fill vacan-Honorable F. L. Masale, Page 2 

### O-4994

cles In the office of: CountyJudge, County Clerk, Sheriff, County Attorney, County Treasurer, County Surveyor, County Hide Inspector, Assessor of Taxes, Collector of Taxes, Justices of the Peace, Constables, andCounty Superintendent of Public Instruction. Suchvacancies shall be filled by a majority vote of the membersof said Court, present and voting, andthe person chosen shall hold office until the next general election.” Article 

### 17,Vernon’s Annotated Texas Civil Statutes, provides :

“After each general election those whoare elected to the various county and precinct offices shall qualify by taking the official oath and entering upon and assuming the duties of their respective offices onthe first day of January following the last general election, or as soon thereafter as possible. Those officers holding office at said time shall surrender their offices to their successors accordingly on said date, or as soon after such date as their successors shall have qualified andbe ready to assume the duties thereof.” Article 

### 18;Vernon’s Annotated Texas Civil Statutes, provides:

“Each officer, whether elected or appointedunder the laws of this State, and each Commlssloner, or memberof anyboard or commission created by the lhws of this State, shall hold his office for the term provided by law anduntil his successor is elected or appointed and qualifies; and each, on retiring from office, shall deliver to his successor all books, papers, anddocuments relating to his office.” Wequote from the court’s opinion In the case of Anderson, et al., v. Parsley, et al., Tex. Clv. App., writ of error refused, 

### 37S.W. (2d) 

### 358,as follows:

The Constitution does not provide whenthe newly elected commissioners shall take office or be eligible to take office. Article 

### 17,Rev. Clv. Statutes of 1925, act of 1921, provides that the newly elected officers shall take thelr official oath and enter upon andassumethe dutlea of their respective offices on the 1st day of January fol-.’ _.

Honorable F. L. Massle, page 

### 3 O-4994

lowing the last general election, or as soon thereafter as possible. This provision Is well within the power of the Legislature, andwecan see no reason to sustain the contention that the newly elected commiasloners, elected in the general election of 1930, ought to have been permitted to take the oath andqualify and enter upon their duties as commissioners prior to January 1, 1931.' It is our opinion that the Honorable 0. 0. McCurdy will be entitled to qualify and take office on or after January 1st, 

### 1943. Ofcourse if Judge McCurdydoes not qualify on JarPlarg lst, 1943, then Judge Culbertson will continue to hold over until Judge McCurdyqualifies. Very truly yours ATTORNEY

GENERAL

OFTEXAS Bys,&m. J. Fanning Wm.J. Fanning Assistant WJF:db:wc
APPROVED

DEC 

### 3,1942 s/Gerald C. Mann ATTORNEYGE%3RAL OFTEXAS Approved Opinion Committee by s/BWBChairman