Article VII, Section 16-a of the Texas Constitution (discussion page)
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The office of county school superintendent is not a constitutional office, but is purely statutory. It therefore follows that it comes within the provisions of section 16 of article 7 of our State Constitution, supra, and the Legislature has the power to fix the term thereof at any length of time not exceeding six years.
Since the office of county superintendent is purely statutory, the Legislature also has the power to either shorten or lengthen the term thereof, and make the act doing so apply to those in office at the time the act becomes effective. Mecham on Public Officers, §§ 388 and 389; 46 C. J. p. 966, par. 106; Stanfield v. State, 83 Tex. 317, 18 S. W. 577. Of course this rule does not apply to constitutional offices, whose terms are fixed by the Constitution. Cowell v. Ayers, 110 Tex. 348, 220 S. W. 764. Popham v. Patterson, 51 S.W.2d 680, 121 Tex. 615 (Tex. 1932)
51 S.W.2d 680
POPHAM v. PATTERSON.
No. 6188.
Supreme Court of Texas.
June 11, 1932. Popham v. Patterson, 51 S.W.2d 680, 121 Tex. 615 (Tex. 1932)