Texas Attorney General Opinion: O-1254 Page: 1 of 4
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THE ArronEY GENERAL
OF TEXAS
GERALD C. MAIN AUSTrN 11, TEXA
Hon. John Stapleton Opinion No. 0-1254
County Attorney Re: Did the office of county super-
Floyd County intendent of public instruction of
Floydada, Texas Floyd County terminate when the schol-
astic population fell below 3000 in
Dear Sir: 1938? And related questions.
Your request for an opinion on the questions as are herein stated
has been received by this department:
"Did the office of county superintendent of public instruction
of Floyd County terminate when the scholastic population of Floyd County
fell below 3000 in 1938? If such office did terminate, are Mr. Travis
and Mr. Guffie entitled to the monies they have received as salary for
their services in that capacity since January 1, 1939?
"If it should be held that Floyd County has a valid office of
county superintendent of public instruction, does the appointment of the
Commissioners' Court of Mr. Guffie, as set out above, continue merely
until the next biennial election, or does it continue until the next
general election at which a county superintendent would normally be
elected? In either instance does Mr. Guffie's term for which he was ap-
pointed cease as soon after the general election as the elected official
qualifies
"If the population of Floyd County falls below 10,000 according
to the 1940 Federal Census, will the office of Assessor and Collector
of Taxes as a separate office in Floyd County, terminate?"
Your letter reads in part as follows:
"At the June Term, 1924, of the'Commissioners' Court of Floyd
County, the attention of such court was called to the fact that Floyd
County had a scholastic population of 3101 according to the scholastic
census of that year. At that meeting the court appointed a county super-
intendent of public instruction and provided for the election of a county
superintendent at the 1924 general election. Prior to that time the county
judge has served as ex-officio superintendent. From that time to the
present Floyd County has had an office of county superintendent of public
instruction. The office was not created by a vote of the people at an
election held for that purpose.
"The 1938 scholastic population of Floyd County, as determined
by the scholastic census taken that year, was 2,758. walter Travis was
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1254, text, September 19, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258436/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.