Untitled Texas Attorney General Opinion ( 1986 )

THE ATTORNEY GENERAL
OF TEXAS
December 24, 1986
Mr. David V. Brandon opinion No. JM-592
Executive Director
Texas Economic Development Re: Term of office of members of
Colmnission the Texas World Trade Council
P. 0. Box 12728
Austin, Texas 78711
Dear Mr. Brandon:
You ask when the terms of appointed members presently serving on
the Texas World Trade Council will end. The Texas World Trade Council
was created by section 4(a) of article 5190.8, V.T.C.S., with power
to engage in various research and education programs directed~ at
enhancing the international commerce'of businesses in Texas. V.T.C.S.
art. 5190.8, 55. The council includes 12 members appointed by the
governor with advice and consent of the senate. The statute provides
that the governor shall make the initial appointments to the Texas
World Trade Council not later than the 90th day after the effective
date of September 1. 1985. V.T.C.S. art. 5190.8, 0923(a), 24. Section
4(b) provides as follows for the expiration of terms:
(b) Members appointed to the council by the
governor serve two-year terms expiring February 1
of each odd-numbered year.
V.T.C.S. art. 5190.8, 54(b).
You state that the initial annointments to the council were. not
made until 1986 and the first me'eting was not called until May of
1986. See V.T.C.S. art. 5190.8, 823(b) (first meeting of the council
to take place not later than 30th day after governor completes initial
appointments).
You specifically wish to know when the terms of council members
begin and expire. You are not sure whether the present terms will end
February 1, 1987 or February 1, 1989.
Section 4(b) of the statute provides for two-year terms expiring
February 1 of each year. This provision expressly fixes the beginning
date and expiration date of all council terms after the initial term.
After the initial terms are over. all subsequent terms will begin on
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Mr. David V. Brandon - Page 2 (JM-592)
February 2 of each odd-numbered year and end on February 1 of the
odd-numbered year two years later.
The initial term of office, however, will not last exactly two
years. The statute contemplates that the initial appointments will be
made not later than 90 days after the September 1, 1985 effective
date. Even if the governor had made the appointments as soon as the
statute became effective, an initial term ending on February 1, 1987
would last only 1 year and 5 months. In the alternative, ‘if the
initial terms were taken to end on February 1, 1989, it would last 3
years and 5 months. Given the clear legislative language as to the
expiration date of a term, it is apparent that the initial term will
not be of the same duration as the subsequent two-year terms.
We need not determine when the first term began in order to
decide when it ended. But see Attorney General Opinions M-338 (1969);
M-296 (1968) (rule for deciding when a term begins when legislature is
silent). A rule of decision enables us to decide between the February
1, 1987 and the February 1, 19E9 expiration date:
Where duration or term of office is question of
doubt or uncertainty, the interpretation should be
followed which limits office to the shortest term.
Dobkins v. Reece. 17 S.W.2d 81 (Tex. Civ. App. - Fort Worth 1929; writ
ref’d) (appointment to fill vacancy); see Wright vi Adams, 45 Tex. 134
(1876). The courts favor an interpretation which will return the
elective or appointive power to those exercising it at the earliest
opportunity. Wright v. Adams, 3; Attorney General Opinions MW-355
(1981); M-338 (1969); M-296 (1968). Accordingly, the initial terms of
members of the Texas World Trade Council will expire February 1, 1987.
See also Tex. Const. art. XVI, §17 (officers shall continue to perform
the duties of their offices until their successors shall be duly
qualified).
The appointments to the council were made later than 90 days
after the effective date of the statute and appointed council members
therefore will serve less than the initial term contemplated by the
statute. There is, however, a well-established distinction between
the phrase, ‘term of office’ and an individual’s
tenure of office. The period of time designated
as a term of office may not and often does not
coincide with an individual’s tenure of office.
Spears v. Davis, 398 S.W.2d 921, 926 (Tex. 1966); see also Attorney
General Opinions MW-355 (1981); M-338 (1969). The fact that the
appointments to the council were made more than 90 days after the
effective date of the statute does not serve to change the length of
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Mr. David V. Brandon - Page 3 (JM-592)
.
P
the term; it merely shortens the time that the appointed members may
serve on the council. -See Attorney General Opinion M-338 (1969).
SUMMARY
The terms of appointed members presently
serving as the initial appointees to the Texas
World Trade Council will end February 1, 1987.
Subsequent terms will begin on February 2 of each
odd-numbered year and expire on February 1 of the
odd-numbered vear two months in the future.
J
Very t uly yours,
fL-
JIM MATTOX
Attorney General of Texas
JACK AIGHTOWER
First Assistant Attorney General
MARY KELLER
Executive Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Susan L. Garrisoa
Assistant Attorney General
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