Opinion No. GA-0550
The Honorable John W. Segrest
McLennan County Criminal District Attorney
219 North 6th Street, Suite 200
Waco, Texas 76701
Re: Effect of constable's constructive resignation prior to the county's redistricting that abolished the constable's precinct (RQ-0554-GA)
S U M M A R Y
A person who constructively resigns the office of constable by declaring candidacy for another office of profit or trust holds over in office as constable until a successor qualifies. A constable who is in office as a holdover officer on the effective date of a commissioners court order that changes precinct boundaries has the duty to serve as constable in the precinct of the constable's residence until his successor qualifies or until the end of the term for which the constable was elected or appointed. A person who qualifies to succeed such a constable must serve the remainder of the holdover constable's term to which he was elected.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200702400
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: June 13, 2007