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Texas Constitution talk:Article XVI, Section 1: Difference between revisions

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Texas Constitution talk:Article XVI, Section 1 (edit)

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In a broad sense, all persons holding public office within the state or performing some of its governmental functions are officers of the state. See Jernigan v. Finley, 38 S.W. 24 (Tex. 1896); Exparte Preston, 161 S.W. 115,116 (Tex. Crim. App. 1913). The term "state officer" is, however, generally used in Texas statutes and constitutional provisions to describe a narrower class of officers, those officers whose jurisdiction is coextensive with the boundaries of the state or officers who immediately belong to one of the three branches of state government. See Lane v. McLemore, 169 SW. 1073,1074 (Tex. Civ. App.-Galveston 1914, no writ); see also Travis County v. Jourdan, 42 S.W. 543, 543 (Tex. 1897) (county treasurer is not within statute authorizing Texas Supreme Court to issue writs of mandamus against officers of the state government); San Antonio Indep. Sch. Dist. v. State, 173 S.W. 525, 527-28 (Tex. Civ. App.-San Antonio 1915, writ ref d) (article XVI, section 30a of the Texas Constitution applies to the terms of office of state board members, and does not apply to terms of school board members).
In a broad sense, all persons holding public office within the state or performing some of its governmental functions are officers of the state. See Jernigan v. Finley, 38 S.W. 24 (Tex. 1896); Exparte Preston, 161 S.W. 115,116 (Tex. Crim. App. 1913). The term "state officer" is, however, generally used in Texas statutes and constitutional provisions to describe a narrower class of officers, those officers whose jurisdiction is coextensive with the boundaries of the state or officers who immediately belong to one of the three branches of state government. See Lane v. McLemore, 169 SW. 1073,1074 (Tex. Civ. App.-Galveston 1914, no writ); see also Travis County v. Jourdan, 42 S.W. 543, 543 (Tex. 1897) (county treasurer is not within statute authorizing Texas Supreme Court to issue writs of mandamus against officers of the state government); San Antonio Indep. Sch. Dist. v. State, 173 S.W. 525, 527-28 (Tex. Civ. App.-San Antonio 1915, writ ref d) (article XVI, section 30a of the Texas Constitution applies to the terms of office of state board members, and does not apply to terms of school board members).


In our opinion, "state officers" in article XVI, section l (c), refers to officers "whose jurisdiction is coextensive with the state" or "officers [who] immediately belong to one of the three constituent branches of the state government." Lane, 169 S.W. at 1074 (quoting 23 AMERICAN & ENGLISH ENCYCLOPEDIA OF LAW 327; State v. Hewitt, 52 N.W. 875 (S.D. 1892)); see TEX. CONST. art. II, 5 1 (powers of government are divided into the legislative, executive, and judicial departments, and each department is entrusted to a separate body of "magistracy"). Article XVI, section l(c) makes it clear that the term "state officers" does not encompass all persons holding public office within the state, because the provision distinguishes between "state officers" who "shall file the signed statement. . . with the Secretary of State" and "[a]11 other officers," who "shall retain the signed statement . . . with the official records of the office." TEX. CONST. art. XVI, 8 l(c).
In our opinion, "state officers" in article XVI, section l (c), refers to officers "whose jurisdiction is coextensive with the state" or "officers [who] immediately belong to one of the three constituent branches of the state government." Lane, 169 S.W. at 1074 (quoting 23 AMERICAN & ENGLISH ENCYCLOPEDIA OF LAW 327; State v. Hewitt, 52 N.W. 875 (S.D. 1892)); see Tex. Const. art. II, 5 1 (powers of government are divided into the legislative, executive, and judicial departments, and each department is entrusted to a separate body of "magistracy"). Article XVI, section l(c) makes it clear that the term "state officers" does not encompass all persons holding public office within the state, because the provision distinguishes between "state officers" who "shall file the signed statement. . . with the Secretary of State" and "[a]11 other officers," who "shall retain the signed statement . . . with the official records of the office." Tex. Const. art. XVI, 8 l(c).


Application of the rule of ejusdem generis to article XVI, section 1 (c) shows which officers are to file the statement with the secretary of state. See San Antonio Indep. Sch. Dist., 173 S.W. at 526 (applying rule of ejusdem generis to construe article XVI, section 30a of Texas Constitution, which provides for terms of office); see also Rooms with a View, Inc. v. Private Nat 'I Mortgage  Ass'n, 7 S.W.3d 840, 844 (Tex. App.-Austin 1999, no pet.) (court uses the same guidelines in interpreting constitutional provisions as it does in interpreting statutes). "Under the rule of ejusdem generis, where specific and particular enumerations of persons or things in a statute are followed by general words, the general words are not to be construed in their widest meaning or extent, but are to be treated as limited and applying only to persons or things of the same kind or class as those expressly mentioned." Stanford v. Butler, 181 S.W.2d 269,272 (Tex. 1944). Section l(c) of article XVI provides that "[members of the Legislature, the Secretary of State, and all other elected and appointed state officers shall file the signed statement . . . with the Secretary of State." TEX. CONST. art. XVI, Section l (c). This section specifically identifies certain state-level officers who must file the written statement with the secretary of state, and, according to the rule of ejusdem generis, the "other elected and appointed state officers" who must file with the secretary are limited to state-level officers. Id.
Application of the rule of ejusdem generis to article XVI, section 1 (c) shows which officers are to file the statement with the secretary of state. See San Antonio Indep. Sch. Dist., 173 S.W. at 526 (applying rule of ejusdem generis to construe article XVI, section 30a of Texas Constitution, which provides for terms of office); see also Rooms with a View, Inc. v. Private Nat 'I Mortgage  Ass'n, 7 S.W.3d 840, 844 (Tex. App.-Austin 1999, no pet.) (court uses the same guidelines in interpreting constitutional provisions as it does in interpreting statutes). "Under the rule of ejusdem generis, where specific and particular enumerations of persons or things in a statute are followed by general words, the general words are not to be construed in their widest meaning or extent, but are to be treated as limited and applying only to persons or things of the same kind or class as those expressly mentioned." Stanford v. Butler, 181 S.W.2d 269,272 (Tex. 1944). Section l(c) of article XVI provides that "[members of the Legislature, the Secretary of State, and all other elected and appointed state officers shall file the signed statement . . . with the Secretary of State." Tex. Const. art. XVI, Section l (c). This section specifically identifies certain state-level officers who must file the written statement with the secretary of state, and, according to the rule of ejusdem generis, the "other elected and appointed state officers" who must file with the secretary are limited to state-level officers. Id.


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