Texas Attorney General Opinion: O-3080 Page: 2 of 6
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322
oaorable L. B. Fotler, Page 2
laws provide that the Commleslnerd Court can ap-
point a osuiltable man to fill the vacancy.,
We haall set forth below the pertinent constitu-
tional and statutory provisions:
'County JuCges, county attorneys, clerks of
the District and County Courts, justices of the
peace, constables, an4 other county officers, may
be removed by the Judges of the District Courts
for incompetency, official misconduct, habitual
drunkenness, or other causes defined by law, upon
the cause therefor being set forth in writing and
the finding of its truth by a jury.' Article 5,
Section 24, Constitution of Toxas.
fal civil offoiers shall reside within the
State; end ll district or county officers within
their districts or counties, and shall keep their
offices at such places as may be required by law;
and failure to comply with this condition shall
vacate the office so held." Articl-e 16, Section
14, Constitution of Texas.
'The court shall have power to fill vacancies
In the office of: county jadge, county clerk,
sheriff, county attorney, county treasurer, county
surveyor, county hide inspector, assessor of taxes,
colleotor of taxes, justices of the peace, constables
and'county superintendent of public instruction.
Suoh vacancies hall be filled by a majority
vote of the member of said court present and
voting, and the person chosen shall hold office
until the next general election." Article
255, Vernon's Annotated Civil Statutes.
'All district and coounty attorney, county
Judges, commisslonere, clerks of the district
and county courts and single clerks In counties
there one olerk discharges the duties of district
and county.clerk, county treasurer, sheriff, ooun*-
ty surveyor, assessor, collootor, constable, cat
tie and hide inspector, justice of the peace and
all county officerr now or hereafter existing byauthority either of the Constitution or laws, nay
bo removed from office by the judge of the distriot
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-3080, text, April 3, 1941; (https://texashistory.unt.edu/ark:/67531/metapth260306/m1/2/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.