Untitled Texas Attorney General Opinion ( 1959 )

Honorable Frank Scofield Chairman, Livestock Sanitary Commission of Texas 3320 West 7th Street Fort Worth 7, Texas Opinion No. WW-620 Re: Whether the Chairman of the Livestock Sanl- tary Commission of Texas Is entitled to vote on matters before Dear Mr. Scofisld: the Commission. This office is in reaelpt of your recent letter in which you have asked for the opinion of this office regarding the Chairman of the Livestock Sanitary Com- mission being allowed to vote on matters before the Commission. Article 7009 establishes the Livestock Sanitary Commission and provides who shall be members thereof. We quote the appropriate part of that statute: "The Governor shall, within thirty days after this Act becomes effective, by and with the advice and consent of the Senate, appoint six citizens of this State as a Livestock Sanitary Commission of the State of Texas. The Governor shall designate one such member as a Chairman. Each Commissioner shall give bond payable to the State of Texas in the sum of Ten Thousand Dollars to be approved by the Comptroller. There shall be one Commis- sioner from each of the following indus- tries, and with the following qualifica- ractitioner of veterinary ~%``ne~l 027 dairyman; (3) practical cattle raiser; (4) practical ho raiser; (5(s~hpeepor goat raiser; and (2 ) poultry Honorable Frank Scofield, page 2 (``-620) "Insofar as Is practicable the Com- missioners appointed hereunder shall be appointed so as to give proportionate representation from the west, from the south, from the north, and from the eastern portions of Texas; . . ." The remaining part of this section establishes the tenure of office of the members of the Commission. An analogous situation was resolved by Attorney General's Opinion O-1716, wherein the conclusion was reached that the County Judge had voting rights on the Commissioners' Court, the statute being silent on the subject, as in the instant problem; quoting from that opinion in part, as follows: "It appears from all the authorities that we have examined that the county judge is an integral part of the commissioners' court and in none of the authorities, con- stitutional, statutory, or judicial inter- pretations Is the right of such judge as a constituent member of the commissioners' court denied nor is his right to vote de- nied expressly or impliedly." It is the opinion of this office that the Chairman is appointed to and is an Intergal part of the Commission and therefore should be entitled to a vote on matters be- fore the Commission, as in the case of the County Judge with respect to the Commissioners' Court. The Legislature has seen fit to provide that each of the various segments of the Livestock Industry should be represented on the Commission, and has Indicated their desire that each of the four sections of the State, West, South, North, and East, should be proportionately repre- sented on the Commission. To disallow the Chairman of the Commission the privilege of voting on matters before the Commission would defeat the intention of the Legislature by denying that segment of the Livestock Industry which he represents, equal representation on the board as well as denying that section of the State which he represents, equal representation on the board. .: - Honorable Frank Scofield, Page 3 @w-620) SUMMARY The Chairman of Livestock Sanitary Commission of Texas has a right to vote on matters before the Com- mission. Yours very truly, WILL WILSON Attorney General of Texas B4%!?4+ Assistant JLE:rm APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Ralph Rash Jot Hodges, Jr. John Reeves Kenneth H. Burns REVIEWED FOR THE ATTORNEY GENERAL BY: W. 7. Geppert