Texas Constitution:Article III, Section 19: Difference between revisions

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Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www2.texasattorneygeneral.gov/opinions/opinions/50abbott/op/2011/pdf/ga0880.pdf#page=3 GA-880] (2011) (emphasis in original), opined that: "Because the state chairman of a political party does not hold an office or position ''under this State'', a member of the Legislature is not barred from serving as the state chairman of a political party under either article III, section 19 or article XVI, section 40(d) of the Texas Constitution."
Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2011/ga0880.pdf#page=3 GA-880] (2011), opined that: "Because the state chairman of a political party does not hold an office or position ''under this State'', a member of the Legislature is not barred from serving as the state chairman of a political party under either article III, section 19 or article XVI, section 40(d) of the Texas Constitution."
 
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* ''Lee v. Daniels'', 377 S.W.2d 618, [https://scholar.google.com/scholar_case?case=12489248498754933136#p620 620] (Tex. 1964) ("We find the general rule in other jurisdictions to be that under provisions similar to the above quoted provision from the 1869 Constitution that an officer may resign prior to his election or appointment to another office and be eligible. However, in those jurisdictions having statutes or constitutional provisions similar to the provision now contained in our Constitution the courts invariably hold that the ineligibility created by such provisions exists during the entire period for which the person is elected or appointed, and is not affected by resignation from the first office.")
* ''Lee v. Daniels'', 377 S.W.2d 618, [https://scholar.google.com/scholar_case?case=12489248498754933136#p620 620] (Tex. 1964) ("We find the general rule in other jurisdictions to be that under provisions similar to the above quoted provision from the 1869 Constitution that an officer may resign prior to his election or appointment to another office and be eligible. However, in those jurisdictions having statutes or constitutional provisions similar to the provision now contained in our Constitution the courts invariably hold that the ineligibility created by such provisions exists during the entire period for which the person is elected or appointed, and is not affected by resignation from the first office.")
|seo_title=Article III, Section 19 of the Texas Constitution ("Ineligibility of Persons Holding other Offices")
|seo_keywords=Article 3 Section 19, Texas Legislature, dual officeholding
|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.
|seo_image=Texas_Constitution_of_1876_Article_3.jpg
|seo_image_alt=Article III: Legislative Department


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[[Category:TxCon ArtIII Sec]]
[[Category:TxCon ArtIII Sec]]