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Click here for the full text of this decision FACTS:David Crawford challenges a summary judgment for the state of Texas in a quo warrantor proceeding removing him from the office of Constable for Precinct 3 of Potter County and imposing a fine of $2012.05 and costs. HOLDING:The court severs the issue concerning imposition of a fine and remands it to the trial court. The court affirms the remainder of the trial court’s judgment. The court agrees with the conclusion reached by the Attorney General that a constable’s failure to obtain or maintain a permanent peace officer’s license does not, under Local Government Code chapter 86, automatically remove the constable from office but makes him subject to removal. Under the procedures established by the Legislature, something more than appellant’s failure to obtain the required license was necessary to cause a vacancy in the office. By the language of the statute, that “something more” was the appellant’s removal by means of quo warrantor. Texas Civil Practice and Remedies Code chapter 66 governs the conduct of quo warrantor proceedings. None of the authorities the court surveyed in which it is suggested that an officeholder’s resignation would be effective despite Texas Constitution Article XVI �17 involve situations in which no successor is likely to be appointed. The appellant blames the Potter County commissioners court for that circumstance here, arguing that its failure to appoint a successor constable brings the holdover provision of Article XVI �17 into play. He provides, though, no persuasive argument explaining how the commissioners’ decision not to appoint a constable affects the application of the constitutional provision or how the decision operates to deprive the district court of jurisdiction. The court cannot read into the constitution an exception to Article XVI �17 for instances in which the governmental body having responsibility for determining whether and when to fill a vacancy in office determines not to do so. Moreover, to hold that Article XVI �17 has no application here would be to sanction the very circumstance that provision of the Texas Constitution was designed to prohibit, a public officeholder’s unilateral decision to vacate his office. The court agrees with the state that appellant’s Dec. 27, 2001, resignation was not effective to vacate his office. The parties maintained a legally cognizable interest in the completion of the procedure established by statute for termination of appellant’s public service. Further, the state’s pleadings in the quo warrantor action asked the trial court to impose a fine on appellant pursuant to Texas Civil Practice and Remedies Code �66.003(3). In the later proceedings, appellant resisted the imposition of that fine, and still resists its imposition on appeal. The proceeding not having been rendered moot by appellant’s resignation, the dispute over the levy of a fine also maintained the live controversy. Neither the state’s motion for summary judgment or the summary judgment evidence supports a judgment for the imposition of a fine on the basis that appellant was a usurper of the office of constable or that he held or executed that office unlawfully. Because a court’s authority to impose a fine in a quo warrantor proceeding is limited to instances when the official usurps, intrudes into or unlawfully holds and executes an office, the trial court’s imposition of a fine must be reversed. OPINION:Campbell, J.; Johnson, C.J., and Quinn and Campbell, JJ.

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