Texas Attorney General Opinion: V-108 Page: 4 of 6
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Hon. Clayton Bray - Page 4 (V-108)
deemed or declared vacant, or that an
appointment thereto shall be void, in
case the person elected or appointed
fails to qualify within a specified
time. Such a failure may also in some
circumstances amount to an abandon-
ment of the office so as to warrant the
appointment of another person to it on
the theory that a vacancy exists, But
the statute cannot be given that effect
where an elected officer attempts to
take the oath and presents it to the
proper officer within the prescribed
time, and the latter appoints another
to the office on the sole ground that
the election was illegal, In such case
the legally elected officer may recov-
er the office, notwithstanding hie a -il-
ure to qualify within the time prescribed,
but he must subscribe to the required othl
before entering upon the performance of.
Since there is no time specified as to when
the county surveyor is to- take his oath and-give bond,
this office cannot hold, as a matter of law, that a va-
oanoy.exists because of a failure to take the oath or
give bond within any specified time.
Your third and fourth questions involve the
removal of the county surveyor from office by reason of
a serious physical defect, due to an accident, so as to
make the county surveyor unable to discharge the duties
of his office.
Article V, section 24 of our State Coastitu-
"County Judges, county attorneys,
clerks of the Distriot and County Courts,
justices of the peace, constables, and
other county officers, may be removed by
the Judges of the District Courts for in-
competenoy, official misconduct, habitual
drunkenness, or other causes defined by
law, upon the cause therefore being set
forth in writing and'the finding of its
truth by a jury,"
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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/m1/4/: accessed October 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.