Texas Attorney General Opinion: WW-1292 Page: 3 of 5
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Honorable Glendon Roberts, Page 3
county officials. If a majority
of such voters voting in such elec-
tion shall approve of adding an
Assessor-Collector of Taxes to such
list, then such official shall be
elected at the next General Election
for such Constitutional term of office
as is provided for other Tax Assessor-
Collectors in this State."
Sec. 16a, Art. 8, Texas Constitution, is self-executing,
and requires no enabling act by the Legislature for the voters
of a county to take action under its provisions. This section
provides no specified time to call the election, so any such
election held under the provisions of this section may be called
at any time, in any year, at the discretion of the Commissioners
Court. The term of the present sheriff and tax assessor-collector
will expire on December 31, 1964, or as soon thereafter as his
successor shall have qualified. There will be a General Election
held in November, 1962 and a General Election in November, 1964.
If the Constitution had meant for the present sheriff and tax
assessor-collector to serve out his full term, before anyone
assumed the office of tax assessor-collector, it could have pro-
vided, " then such official shall be elected at the next
General Election immediately preceding the expiration of the
term of office of sheriff and tax assessor-collector." But
the Constitution says, ". . . at the next General Election . .
In our situation this means the General Election to be held in
November, 1962.
If the special election provides for a separate Assessor
and Collector of Taxes, arid such an official is elected in
November, 1962, will he have to wait until the present term of
the sheriff and tax assessor-collector expires before taking
office, that is, on January i, 1965? This can't be true, because
another General Election will intervene before that date, the
General Election of November, 1964. This latter date is the
time set for the election of all tax assessor-collectors.
Sec. 64 of Art. 16, Texas Constitution, provides:
"The office of Inspector of Hides
and Animals, the elective district,
county and precinct offices which have
heretofore had terms - of two years, shall
hereafter have terms of four years; and
the holders of such terms shall serve
until their successors are qualified."
(Emphasis addedOpinion No. WW-1292
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-1292, text, April 3, 1962; (https://texashistory.unt.edu/ark:/67531/metapth267905/m1/3/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.