Texas Attorney General Opinion: O-1716 Page: 3 of 3
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Hon. Luther C. Johnston, riage 3
and he has a right to vote on the appointment
of his successor (opinions of the .%ttorney
General, 1906-8)".
In a very lengthy and able opinion written
:laroh 15, 1935, by Hon. :nthony :'aniscalco, assistant
,attorney General, passing upon the same question we now
have under consideration this department held that the
county judge is the presiding nember of the commission-
ers' court and that this court is composed of five mem-
bers, four cornssioners and the county judge and each
member, including the county judge, has the right to
vote at any and all times and all rights incident there-
to upon any question presented to the court.
We concur with the holding as stated in the
above mentioned opinion and believe that it correctly
construes the law regarding the question now under con-
sideration.
It appears from all the authorities that we
have examined that the county judge is an integral part
of the commissioners' court and in none of the authori-
ties, constitutional, statutory, or judicial interpreta-
tions is the right of such judge as a constituent member
of the commissioners' court denied nor is his right to
vote denied expressly or impliedly.
You are respectfully advised that it is the
opinion of this department that the county judge enjoys
equal voting rights with all of the other members of the
commissioners' court which will include the right to make
or second any motion and the right to vote whether there
be a tie among the votes of other members of the court or
not.
Trusting that the foregoing fully answers your
inquiry, we remain
Yours very truly
ATTORNEY GEhERAL OF tiAS3
By
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1716, text, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258909/m1/3/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.