I'm not so sure we don't get to appoint one now
Haley takes oath as councilman; board reorganizedWhy does it matter? Aside from being an item of interest, I'm thinking that taking the oath of office has automatically triggered a legislative vacancy in House District 22. Yes, it could be one of the shortest terms of office ever, and the appointee might not ever see the inside of the Capitol unless there's a special session.
BY ROGER LARSEN
Pat Haley took the oath of office Monday evening to become the newest member of the Huron City Commission.
He succeeds Ron Volesky, who chose not to seek re-election in April. Haley was unopposed.
But by the action of Pat Haley taking the oath of office, he now holds two offices at once, that of Legislator and that of City Council member. And I'm not so sure those offices are compatible.
Check out Attorney General's opinion 82-23, (from Mark Meierhenry) which says in part:
In the intervening years, Tellinghuisen was more lax on these conflict rules, but Barnett came back with a strict interpretation on them. And I have no reason to believe that Attorney General Long would be any different.
No judge or clerk of any court, . . . or persons holding any lucrative office under theand...
, or of this state, . . . shall be a member of the Legislature: provided, that appointments in the militia, the offices of notary public and justice of the peace shall not be considered lucrative. United States
A lucrative office would be one in which the holder of such office would be compensated for performing the duties attendant upon the office. Wills v. Potts, 377 S.W.2d 622 (
1964); 1927-28 AGR 240. The amount of such compensation is immaterial. Tex.
The State constitution says he can't hold a lucrative office besides that of state legislator, but he now has one. Looks like Haley needs to hand the keys to the State Capitol back in.