Texas Attorney General Opinion: V-108 Page: 2 of 6
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Hon. Clayton Bray - Page 2 (V-108)
vaancy? (meaning: will an action
to remove an inoapaoitated officer
have to be instituted, or, will a
vacancy merely be presumed to have
been in existence all along and such
attempted qualification a nullity?)"
Article Xli, Section 1 of our State Consti-
tution provides, in part, the following:
'Members of the Legislature,
and all officers, before they enter
upon he -tutles- of their offices shall
take the following oath or affirmation:
* * *n
Article 26, V.C.S., provides, in part the
"All oaths.. . or affirmations
may be administered and a certificate
of the fact given:
#1. If within this State by a
notary public. .
Article 5283, T.0C,8. provides;
"A county surveyor shall be el-
ected in each county at each general
election for a term of two years. He
shall reside in the county and keep
his office at the courthouse or some
suitable building at the county seat,
the rent therefor to be paid by the
commissioners' court on satisfactory
showing that the rent is reasonable,
the office necessary and that there
is no available office at the court-
Article 5284, V.C.S., provides:
"The oounty surveyor shall first
give bond in such sum as the oommis-
sioners' court may fix, not less than
five hundred nor more than ten thousand
dollars, and conditioned that he will . .
faithfully perform the duties of his ...
., _ -o
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-108, text, March 28, 1947; (texashistory.unt.edu/ark:/67531/metapth264928/m1/2/: accessed September 26, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.