Texas Attorney General Opinion: H-1079 Page: 2 of 3
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Honorable Joseph Murphy
At the general election held on November 8, 1966, Texas
voters also approved amendments to sections 3 and 4 of article
3 of the Texas Constitution, so that, since 1966, both senators
and representatives
take office following their election, on
the day set by law for the convening of
the Regular Session of the Legislature . .
This amendment became effective "upon the date that the official
canvass of the returns shows . . . it . . . adopted." Torres v.
State, 278 S.W.2d 853, 855 (Tex. Crim. App. 1955); see Tex. Const.
art. 17, S 1. See also Attorney General Opinions 0-6821 (1945);
0-6278 (1944); 0-2841 (1940). The official canvass was required
by statute to take place on November 25, 1966, the "seventeenth
day after the election." Election Code arts. 8.37, 8.38. On
that date, the constitutional amendment preempted article 8.41
of the Election Code, and legislators elected in November, 1966,
became eligible to take the oath of office "on the day set by
law for the convening of the Regular Session of the Legislature,"
January 10, 1967. Tex. Const. art. 3, SS 3, 4; V.T.C.S. art.
5422. Accordingly, it is our opinion that a legislator elected
at the general election in November, 1966, first became eligible
to take the oath of office on January 10, 1967.
SUMMARY
A legislator elected at the general elec-
tion in November, 1966, first became
eligible to take the oath of office on
January 10, 1967.
Very truly yours,
JOHN L. HILL
/Attorney General of Texas
APPROVED:
DAVI D M. KENDALL, First Assistantp. 4418
- Page 2 (H-1079)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-1079, text, October 27, 1977; (https://texashistory.unt.edu/ark:/67531/metapth271604/m1/2/?q=%22%22~1&rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.