Texas Attorney General Opinion: O-91 Page: 3 of 4
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lionaderrtt F. i nes, January 16, 190, Page
deputy goes with one officer, and as there is only one *fl-
eer, there can be only one chief depty;j bu the eoaeadaeon
is the ase if we decide that thee is a chief' Mputy So
each otfiec instead of!each oftfeer . The Shobeff ad
UI eos rId collector o [lhia atmty, and all other sudh
counties, is one office and not two. As we have soeen the
Constitution of Texas provides that the sme person shall
hold the combined positions; and the Constitution in Arti-
cle XVI, Section 40, provides that no person shall bold two
offices. Therefore, this is bound to be one office. Arti-
cle XVI, Section 40, in part, says
'No person shall hold or exercise, at the
same time, more than one Civil Of ie of emola-
ment, except that of Justice of Pee, County
Commissioner, otary Public and Postmaster.'
Several other offices are listed in the exceptions,
but Sheriff or Assessor and Collector are not mentioned In
a discussion of this section or the Constitution, in the case
of lugle v. Glen Rose Independent School District, o 8 . V.
(24) 375, it was aidt
'Our Constitution provides that no per-
son shall hold or exercise, at the same time,
more than one civil office or emolument ex-
cept in certain cases therein named. * * *
****We are of the opinion that he could
not legally hold both offices and that when
he qualified as county tax collector he auto-
matioally forfeited his right to the offree
of collector for the school district .
Discussing the same section, the Comiseson of' Ap-
peals of Texas, in an opinion by Judge Taylor, in the case
of Odem vs. Sinton Independent School District, 234 8. 1.
1090,s said
*It is clear that Cellum could not hold
his office as-city assessor and collector,
and at the same time act as de facto assess-
or and collector if the school district. The
Constitution prohibits the holding and exer-
cise of two such offices. Section 40 art.
18, Constitution of Texas. Be could not hold
or exercise both offices in either a de jure
or de facto capacity'
Our conclusion is that by virtue of the constitu-
tion this is only one office.Our answer to your question is that in counties har-
la, u
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-91, text, January 16, 1939; (https://texashistory.unt.edu/ark:/67531/metapth257275/m1/3/: accessed May 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.