Texas Attorney General Opinion: M-586 Page: 1 of 7
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February 26, 1970
Honorable Tom Curtis Opinion No. M- 586
District Attorney
Potter County Courthouse Re: Whether, under the stated
Amarillo, Texas 79101 facts, the mayor of Amarillo
resigned his office upon
becoming a candidate for
county judge; and related
Dear Mr. Curtis: questions.
In your recent letter to this office you state
that on February 2, 1970, Mr. J. Ernest Stroud, the incumbent
mayor of the City of Amarillo, officially filed and announced
as a candidate for the office of county judge of Randall
County, and, at that time the unexpired term of his office
as mayor exceeded one year. You request our opinion upon
the following questions:
"1. Did the incumbent mayor becoming a
candidate for Randall County Judge constitute
ah automatic resignation of his office as
mayor, under the provisions of Article XI,
Section 11 of the Texas Constitution?
"2. If such did constitute an automatic
resignation, on what date did that re-ignation
occur?
"3. In the event that your opinion as
to question No. 1 is that no automatic resigna-
tion occurred, does the mayor's action in be-
coming a candidate for Randall County Judge
otherwise affect his tenure in office pursuant
to any other constitutional provisions or
statutes of the State of Texas?
"4. In the event your opinion as to
question No I is that an automatic resigna-
tion did occur, and the City Charter provides
for the filling of the vacancy thereby created
by appointment by vote of the city commissioners,-2792-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-586, text, February 26, 1970; (https://texashistory.unt.edu/ark:/67531/metapth269811/m1/1/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.