Opinion No.

The Honorable Robert F. Vititow Rains County Attorney 220 West Quitman P.O. Box 1075 Emory, Texas 75440

Re: Whether the offices of county commissioner and city council member in the same county are incompatible as a matter of law (RQ-0581-JC)

Dear Mr. Vititow:

Because a Rains County commissioner accepted a position as council member of a city located in the county, you ask whether the two offices are incompatible as a matter of law and, if so, whether the commissioner automatically vacates the first office.1

Your questions involve the common-law doctrine of incompatibility of public offices. The…