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	certain specified exceptions, any person from simultaneously holding “more than one civil		certain specified exceptions, any person from simultaneously holding “more than one civil
	office of emolument.” See also State ex rel. Peden v. Valentine. 198 S.W. 1006, 1007		office of emolument.” See also State ex rel. Peden v. Valentine. 198 S.W. 1006, 1007
	(Tex. Civ. App.--Fort Worth 1917, writ ~~refd~~) (upon acceptance of second, incompatible		(Tex. Civ. App.--Fort Worth 1917, writ ref'd) (upon acceptance of second, incompatible
	office, first office is ipso facto vacated). In L-owe v. Sfufe, 201 S.W. 986 (I’ex. Grim. App.		office, first office is ipso facto vacated). In L-owe v. Sfufe, 201 S.W. 986 (I’ex. Grim. App.
	1918), the Texas Court of Criminal Appeals determined that article XVI, section 17 does		1918), the Texas Court of Criminal Appeals determined that article XVI, section 17 does

imported>Admin at 00:04, October 28, 2022

2022-10-28T00:04:48Z

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{{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution (discussion page)}}Texas Legal Guide (texaslegalguide.com) is currently under construction.

This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''.

==add==

Delamora v. State, 128 S.W.3d 344, 356 (Tex. App.-Austin 2004, pet. ref' d)

== review ==

Jones v. City of Jefferson, 1 SW. 903 (Tex. 1886)

== review ==

S&are v. G&r, 19 S.W. 302 (Tex. 1892

== review ==

The Texas Supreme
Court determined, in Pruitt v. Glen Rose Independent School District No. 1, 84 S.W.Zd
1004, 1007 (Tex. 1935). that article XVI. section 17 did not apply to an officer who has
“stepped down” from office by operation of article XVI, section 40, which prohibits, with
certain specified exceptions, any person from simultaneously holding “more than one civil
office of emolument.” See also State ex rel. Peden v. Valentine. 198 S.W. 1006, 1007
(Tex. Civ. App.--Fort Worth 1917, writ refd) (upon acceptance of second, incompatible
office, first office is ipso facto vacated). In L-owe v. Sfufe, 201 S.W. 986 (I’ex. Grim. App.
1918), the Texas Court of Criminal Appeals determined that article XVI, section 17 does
not apply to an officer who is ineligible under article XVI, section 12 of the Texas
Constitution to hold or exercise an office of profit or trust under this state because he or
she holds or exercises an office of profit or trust under the United States. I

== add ? ==

Thus, pursuant to article XVI, section
65, the county judge has automatically resigned his office. However,
he continues to hold over in his office under XVI, section 17 of the
Texas Constitution, until his successor is appointed and qualifies for
office.

https://www2.texasattorneygeneral.gov/opinions/opinions/48morales/op/1996/pdf/dm0377.pdf

https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1967/cm0151.pdf

Texas Constitution talk:Article XVI, Section 17 - Revision history

Admin: Text replacement - "refd)" to "ref'd)"

imported>Admin at 00:04, October 28, 2022