Can Texas require county treasurers to take continuing education and remove them for not completing it?

Texas AG Opinion JM-26: County Treasurer Training

Plain-English summary

A House committee chairman asked whether House Bill 570 was constitutional. The bill would require an elected county treasurer to complete, each year, at least 20 hours of instruction in the duties of the office at an accredited public institution of higher education, and would provide for removal if the treasurer failed to do so.

JM-26 said the legislature could impose that requirement and back it with removal. The constitution lets district judges remove county officers for incompetency or "other causes defined by law," and a missed continuing-education requirement fit within that.

"We believe that the Legislature may authorize removal of a county treasurer for failure to complete the continuing education requirement defined in article 1705a, V.T.C.S. The ground for removal is authorized under article V, section 24, of the Texas Constitution either as evidence of incompetency or as another cause 'defined by law.'"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0026.pdf

The opinion limited itself to the bill's face, noting it did not reach a possible as-applied problem, such as the required course being unavailable.

Currency note

This opinion was issued in 1983. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What gives the legislature power to add a removal ground?

Article V, section 24, which allows removal of county officers for incompetency, official misconduct, habitual drunkenness, "or other causes defined by law."

"County Judges, county attorneys, clerks of the District and County Courts, justices of the peace, constables, and other county officers, may be removed by the Judges of the District Courts for incompetency, official misconduct, habitual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing and the finding of its truth by a jury."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0026.pdf

Is the county treasurer a removable "county officer"?

Yes. The office is established by article XVI, section 44, and the treasurer is a county officer subject to the removal provision.

"The county treasurer is a county officer subject to removal under this provision."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0026.pdf

Did the opinion decide every possible challenge?

No. It addressed the bill on its face and left aside as-applied questions, giving the example of a course being unavailable.

"We do not address questions of unconstitutionality in application for example if it were impossible to comply with the requirement set out in article 1705a due to the unavailability of the required course."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0026.pdf

Background and statutory framework

Article XVI, section 44 establishes the elected office of county treasurer. Article V, section 24 provides for removal of county officers, with the procedure set out in articles 5970 through 5987. The opinion drew on Texas cases confirming that removal grounds must be prescribed by the constitution or by statutes it authorizes.

"In State ex. rel. Downs v. Harney, 164 S.W.2d 55 (Tex. Civ. App. - San Antonio 1942, writ ref'd w.o.m.), the court stated that causes for removal of elective county officials are prescribed by the constitution and by statutes expressly or by necessary implication authorized in the constitution."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0026.pdf

Holding

"The legislature is authorized to require elected county treasurers, as a condition of remaining in office, to successfully complete, in each calendar year, a course of instruction in the performance of their duties. House Bill No. 570 authorizing removal of the treasurer for failure to complete this requirement is not inconsistent with article V, section 24, of the Texas Constitution."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0026.pdf

Citations and references

Statutes and constitutional provisions discussed by JM-26:

• "Article XVI, section 44, of the Texas Constitution" Official PDF
• "Article V, section 24, of the Texas Constitution" Official PDF
• "articles 5970 through 5987, V.T.C.S." Official PDF
• "House Bill No. 570" Official PDF

Cases cited by JM-26:

• "State ex. rel. Downs v. Harney, 164 S.W.2d 55 (Tex. Civ. App. - San Antonio 1942, writ ref'd w.o.m.)" Official PDF
• "Garcia v. Laughlin, 285 S.W.2d 191 (Tex. 1955)" Official PDF

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0026
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0026.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.

The Attorney General of Texas

JIM MATTOX
Attorney General

April 26, 1983

Honorable Gary Thompson
Chairman
Committee on County Affairs
Texas House of Representatives
P. O. Box 2910
Austin, Texas 78711

Opinion No. JM-26

Re: Constitutionality of Committee Substitute House Bill No. 570 relating to continuing education requirement for a county treasurer

Dear Representative Thompson:

You have requested our opinion regarding the constitutionality of House Bill No. 570, presently pending in the Sixty-eighth Legislature. The bill provides, in pertinent part:

Article 1705a. Continuing Education

Sec. 1. In each calendar year during which a county treasurer will be in office at least six months, the treasurer must successfully complete a course of instruction in the performance of the duties of county treasurer.

Sec. 2. A course required by this article must include at least 20 hours of instruction in an accredited public institution of higher education.

. . . .

Article 1706. Office Declared Vacant.

The county judge shall declare the office of county treasurer vacant if the person elected treasurer fails to give the bonds required by article 1704, Revised Statutes, and take the official oath within twenty days after receiving his certificate of election. If a treasurer . . . fails to demonstrate his continuing competency by successfully completing a course of instruction required by Article 1705a, Revised Statutes, he shall be removed from the office in the manner provided by law.

Article XVI, section 44, of the Texas Constitution establishes the office of county treasurer. It reads as follows:

The Legislature shall prescribe the duties and provide for the election by the qualified voters of each county in this State, of a County Treasurer and a County Surveyor, who shall have an office at the county seat, and hold their office for four years, and until their successors are qualified; and shall have such compensation as may be provided by law.

See Attorney General Opinion MW-59 (1979) (legislature not authorized to abolish office of county treasurer). Article V, section 24, of the Texas Constitution provides for the removal of county officers. This provision reads as follows:

County Judges, county attorneys, clerks of the District and County Courts, justices of the peace, constables, and other county officers, may be removed by the Judges of the District Courts for incompetency, official misconduct, habitual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing and the finding of its truth by a jury.

The removal procedure is set out in articles 5970 through 5987, V.T.C.S.

The county treasurer is a county officer subject to removal under this provision. In State ex. rel. Downs v. Harney, 164 S.W.2d 55 (Tex. Civ. App. - San Antonio 1942, writ ref'd w.o.m.), the court stated that causes for removal of elective county officials are prescribed by the constitution and by statutes expressly or by necessary implication authorized in the constitution. The Harney court considered the appropriate procedure for removal of an officer who violated the nepotism law. It did not question that violation of the nepotism law was a proper ground for removal. The court in Garcia v. Laughlin, 285 S.W.2d 191 (Tex. 1955) considered the proper official to institute suit to remove a county officer for violation of the Nepotism Act without questioning the ground for removal.

We believe that the Legislature may authorize removal of a county treasurer for failure to complete the continuing education requirement defined in article 1705a, V.T.C.S. The ground for removal is authorized under article V, section 24, of the Texas Constitution either as evidence of incompetency or as another cause "defined by law." Consequently, we believe the amendment to article 1706, V.T.C.S., is valid on its face. We do not address questions of unconstitutionality in application for example if it were impossible to comply with the requirement set out in article 1705a due to the unavailability of the required course.

SUMMARY

The legislature is authorized to require elected county treasurers, as a condition of remaining in office, to successfully complete, in each calendar year, a course of instruction in the performance of their duties. House Bill No. 570 authorizing removal of the treasurer for failure to complete this requirement is not inconsistent with article V, section 24, of the Texas Constitution.

Very truly yours,

JIM MATTOX
Attorney General of Texas

TOM GREEN
First Assistant Attorney General

DAVID R. RICHARDS
Executive Assistant Attorney General

Prepared by Susan L. Garrison
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Chairman
Jon Bible
David Brooks
Rick Gilpin
Jim Moellinger
Nancy Sutton