Texas Attorney General Opinion: M-567 Page: 3 of 5
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Hon. Martin Dies, Jr., page 3(M-567)
"AN ACT reapportioning the 155th Judicial
District and making necessary related provisions;
amending chapter 509, Acts of the 55th Legislature
Regular Session, 1957, as amended (Article 199(1551,
Vernon's Texas Civil Statutes); and declaring an
emergency."
Sections 1 and 2 of the amendatory Act read as follows;
"Section 1. Beginning September 1i, 1967,
the 155th Judicial District is composed of
Austin, Fayette and Waller Counties, and its
jurisdiction is coextensive with the boundaries
of those counties. Its court is the 155th
District Court which has concurrent jurisdic-
tion with the 22nd District Court in Austin
and Fayette Counties and with the 9th District
Court in Waller County.
"Sec. 2. The Governor shall appoint a
qualified person to the office of Judge of the
155th District Court. The person appointed
holds office until the next General Election
and until his successor is elected and has
qualified. The Judge of the 155th District
Court is entitled to the compensation pre-
scribed by law."
Senate Bill 468 became effective on May 9, 1967, and
thereafter on July 19, 1967, Governor John Connally sent a
letter to the Secretary of State which read as follows:
"I have today appointed Paul Huser, City
Attorney, Schulenburg, Texas, as Judge of the
155th District Court, succeeding Judge J. Lee
Dittert, deceased. Please issue commission to
Mr. Huser as soon as he has qualified."
Judge Huser took the oath of office on September 1, 1967, and
his appointment was submitted to the Senate for confirmation
on June 5, 1968 as having been made "to fill the unexpired term
of Judge J. Lee Dittert, deceased." The appointment was con-
firmed by the Senate on June 28, 1968. Even though the appoint-
ment and confirmation of Judge Huser was for the unexpired term
of Judge J. Lee Dittert, Section 28 of Article V of the Consti-
tution of Texas authorizes the Governor to fill vacancies in the
office of District Judge only until the next General Election,
which, in this case would be November, 1968.-2710-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-567, text, January 30, 1970; (https://texashistory.unt.edu/ark:/67531/metapth269792/m1/3/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.