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• • <br />• <br />~` <br />KNOX W. ASKINS, J. D., P. C. <br />ATTORNEY AT LAW <br />• <br />JOHN D. ARMSTRONG, J.D. <br />ASSOCIATE <br />RETURN RECF~IPT REQUESTED <br />EXPRESS MAIL <br />702 W. FAIRMONT PARKWAY <br />P. O. BOX 1218 <br />LA PORTE, TEXAS 77571-1216 <br />TELEPHONE <br />713 471-1686 <br />July 26, 1984 <br />Office of the Secretary of State <br />Elec ons Division <br />P. Box 12887 <br />Au tin, Texas 78711-2887 <br />entlemen: <br />I represent the City of La Porte, a Home Rule city, in Harris County, <br />Texas. By its Home Rule Charter, the term of office for the Mayor <br />and each Councilperson is three years. On July 19, 1984, a Council- <br />person resigned, creating a vacancy in office. <br />The Home Rule Charter of the City of La Porte tracks the language of <br />Article 11, §11, Texas Constitution, which provides that "any vacancy <br />or vacancies occurring on such governing body shall not be filled by <br />appointment but must be filled by majority vote of the qualified voters <br />at a special election called for such purpose within one hundred twenty <br />(120) days after such vacancy or vacancies occur." <br />However, Article 2.Olb, Texas Election Code, provides uniform dates. for <br />• election. The vacancy occurred on a date which rendered it too late <br />to call an election on the uniform election date of the second Saturday <br />in August. There is no other uniform election date under Article <br />2.Olb, Texas Election Code, within 120 days from the date the vacancy <br />occurred. <br />Article 2.Olb, Sub-section (b), Texas Election Code, provides for a <br />non-uniform election date in such situations where an emergency exists <br />and permission is granted by the Governor for the holding of an <br />election. No emergency fact situation exists in connection with <br />this resignation. <br />• Finally, Article 2.Olb, Texas Election Code, Sub-section (e), provides, <br />in the final phrase thereof, "except that the election shall be called <br />for some other date within the time period where the Constitution <br />requires it." <br />It is my opinion that Article 11, § 11, Texas Constitution, is self- <br />operative, and controls where in conflict with any provision of the <br />Texas Election Code, a statute. However, the Texas Secretary of <br />~° 6 <br />