<. _. 

THE A’ITORNEY GENERAL 

OF TEXAS 

Honorable F. L. &lassie 

County Auditor 

Wilbarger County 

Vernon, Texas 

Dear Sir: Opinion No. O-4994 

Re: Term of county judge under facts 

stated. 

Your request for opinion has been received and carefully considered by this department. We quote 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. McCurdg as democratic nominee for the November Election, at which time he was elected. 

"On August 8th, 1942, the Commissioners 

Court appointed Marvin C. Culbertson, County 

Judge to fill out the unexpired term of John 

Myers. 

"The question has arisen as to the date of 

Explration of the term of Marvin C. Culbertson. 

"Please let me have your opinion on this 

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 and justice 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: County Judge, County 

Clerk, Sheriff, County Attorney, County Treasurer, 

County Surveyor, County Hide Inspector, Assessor 

of Taxes, Collector of Taxes, Justices of the 

Peace, Constables, and County Superintendent of 

Public Instruction. Such vacancies shall be filled 

by a majority vote of the members of said Court, 

present and voting, and the person chosen shall 

hold office until the next general election.” 

Article 17, Vernon’s Annotated Texas Civil Statutes, 

provides : 

“After each general election those who are 

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 on the 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 and be ready to 

assume the duties thereof.” 

Article 18; Vernon’s Annotated Texas Civil Statutes, 

provides: 

“Each officer, whether elected or appointed under the laws of this State, and each Commlssloner, or member of any board or commission 

created by the lhws of this State, shall hold 

his office for the term provided by law and until his successor is elected or appointed and 

qualifies; and each, on retiring from office, 

shall deliver to his successor all books, papers, 

and documents relating to his office.” 

We quote from the court’s opinion In the case of Anderson, 

et al., v. Parsley, et al., Tex. Clv. App., writ of error refused, 

37 S.W. (2d) 358, as follows: 

The Constitution does not provide when the 

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 and assume the 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, and we can 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 and qualify 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. Of course if Judge McCurdy does not qualify on 

JarPlarg lst, 1943, then Judge Culbertson will continue to hold 

over until Judge McCurdy qualifies. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

By s,&m. J. Fanning 

Wm. J. Fanning 

Assistant 

WJF:db:wc 

APPROVED DEC 3, 1942 

s/Gerald C. Mann 

ATTORNEYGE%3RAL OF TEXAS 

Approved Opinion Committee by s/BWB Chairman