Article XVI, Section 65 of the Texas Constitution

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As amended November 8, 2011:

(a) This section applies to the following offices: District Clerks; County Clerks; County Judges; Judges of the County Courts at Law, County Criminal Courts, County Probate Courts and County Domestic Relations Courts; County Treasurers; Criminal District Attorneys; County Surveyors; County Commissioners; Justices of the Peace; Sheriffs; Assessors and Collectors of Taxes; District Attorneys; County Attorneys; Public Weighers; and Constables.

(b) If any of the officers named herein shall announce their candidacy, or shall in fact become a candidate, in any General, Special or Primary Election, for any office of profit or trust under the laws of this State or the United States other than the office then held, at any time when the unexpired term of the office then held shall exceed one year and 30 days, such announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be filled pursuant to law in the same manner as other vacancies for such office are filled.

Editor Comments

This section, added in 1954, has been amended four times. Note that it has never applied to the office of district judge.

Article XI, Section 11(a) provides that certain municipal officers are also governed by this section's "resign-to-run" rule.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • Chenault v. Bexar County, 782 S.W.2d 206, 207 (Tex. 1989) ("Article XVI, section 65 does not apply to the 1954 election only, but specifically applies to all officers elected in 1954 'and thereafter.' The clear intent of this language is to stagger elections so that all county and district offices do not expire simultaneously. See Fashing v. El Paso County Democratic Executive Comm., 534 S.W.2d 886 (Tex. 1976). Thus, those offices listed in the second paragraph of section 65, whose four-year terms start at the base year of 1954, are to be filled in the general elections of 1954, 1958, etc. Those offices listed in the third paragraph of section 65 are to be filled in the general elections of 1956, 1960, etc.")
  • Fashing v. El Paso County Democratic Executive Comm., 534 S.W.2d 886, 890 (Tex. 1976) ("Section 30 of Article 5 merely determines the length of the term of office, while Section 65 of Article 16 determines the quadrennial election schedule. Thus, those offices . . . . Elections to all offices enumerated in Article 16 § 65, including those created after November 1954, are to be held in accordance with the provisions of said section. Offices created after November 1954, whose first election is at an intervening general election and not on the proper schedule, are not initially elected to a full four year term but are elected only for the remainder of the unexpired term as it is determined by § 65.")

Library Resources

Online Resources