Untitled Texas Attorney General Opinion ( 1969 )

E‘I~' GENERAL
EXAS
July 17, 1969
Honorable Preston Smith Opinion No. M- 433
Governor of Texas
Austin, Texas Re: Construction of
Article 4513, V.C.S.,
as amended by H.B.
358, Acts of the
61st Legislature,
Regular Session,
Dear Governor Smith: 1969
Your request for an opinion asks the following
question:
"Do the members presently serving
on the Board of Nurses Examiners
continue to serve until the expira-
tion of their terms: or does Section
1 of House Bill 358 require the
appointment of a new Board of Nurses'
Examiners?"
Article 4513, Vernon's Civil Statutes, as
amended by Section 1 of House Bill 358, Acts of the 61st
Legislature, Regular Session, 1969, reads as follows:
"The Governor shall bielnially
appoint a Board of Nurse Examiners
to consist of six members and the
term of office of those so appointed
shall be two for six years: two for
four years: and two for two years.
The terms of office for members of
the Board shall expire on January 31
of odd-numbered years. Each member
of said Board shall be a registered
nurse at least twenty-five years
of age, of good moral character
-2157-
Honorable Preston Smith, page 2 (M-433)
and 'a graduate of an accredited
school of professional nursing,'
and three members shall have at least
three years' teaching experience in
educational work among nurses. One
of the two persons appointed every
two years shall be a person with at
least 'three years' teaching exper-
ience in education work among nurses'."
Prior to the amendment, Article 4513 read as follows:
"The Governor shall bien-
nially appoint a Board of Nurse
Examiners to consist of six members,
and the term of office of those so
appointed shall be two for six years:
two for four years: and two for two
years. Each member of said Board
shall be a registered, graduate
nurse at least twenty-five years of
age, of good moral character and a
graduate of a School of Nursing con-
ne cted with a general hospital or
sanitarium of good standing presided
over by a graduate nurse, where a
two or more years' training with a
systematic course of instruction is
given, and shall have at least three
years ' teaching experience in educa-
tional work among nurses. The mem-
bers of the Board and the Educational
Secretary shall each make and sub-
scribe to the official oath, and the
same shall, within thirty days after
their appointment, be filed with the
Secretary of State."
It is noted that the changes made by Section 1
of House Bill 358, Acts of the 61st Legislature, Regular
Session, 1969, do not abolish the Board of Nurse Bxam-
iners, but instead merely provides for a definite ter-
mination date for the term of office for the Board
members and provides certain changes in the qualification
of Board members. Neither the caption of House Bill 358
-2158-
Honorable Preston Smith, page 3 (M-433)
nor the emergency clause nor any other section express
any intent by the Legislature to abolish the present
Board. See Comoere v. State, 107 Tex. Crim. 95, 295
S.W. 614 (1927).
Section 30a of Article XVI of the Constitu-
tion of Texas provides board members may hold office
for no more than six (6) years. The Legislature may
neither shorten nor extend a term of office set by
the Constitution. Attorney General's Opinion No.
M-296 (1968). You are therefore advised that the mem-
bers presently serving on the Board continue to serve
until the expiration of the term for which they were
appointed. e
SUMMARY
Article 4513, Vernon's Civil Statutes,
as amended by Section 1 of House Bill 358,
Acts of the 61st Legislature, Regu1a.r Session,
1969, does not abolish the present Board of
Nurse Examiners and the members presently
serving on the Board continue to serve until
the expiration of the term for which they
were appointed.
C. MARTIN
Prepared by David Longoria
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Kelton, Vice-Chairman
-2159-
Honorable Preston Smith, page 4(M-b33)
Neil Williams
Roland Allen
Linward Shivers
Charles Rose
Hawthorne Phillips
Executive Assistant
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