Untitled Texas Attorney General Opinion ( 1943 )

OFFICE OF ‘THE A’ITORNEY GENERAL OF TEXAS AUSTIN Honotiable James X. Perkins, &ember Board of bianagers Texas State Railroad Rusk, Texas Dear Ur. Perkins; of the Board State We have your nion from this depart- ment with respmt to ot the Board of Texas State Xailroad. 9, Chapter 3, 38th Legislature, Be of the State of appoint tvo men anagment and prat- s, aud to appoint a together dth the constitute the Board Texas State Sailroad, vhich e manner and as provided by and pleuary control and man- state hailrosd. The mm- all serve vlthout pay ex- neteseary expenses as mar Fthem while in the performance of' their duties as memt~ers of said Board of bianngers . And should there become a vacancy in the Board of Akmagers thus created, the re- vaiuing nenher or members of the board, together vith the Lieutenant Governor of Texas, shall in uritlng designate a proper person to fIl1 such vacancy t which +?mber so selected shnll be clothed with all the powers of the original member whose place he is selected to fill.m . 784 Honorable James I. Perkins - paga 2 This Section was an amendment of a previous uot, and therefore takes the plaoe of the smended gtat- ute, ard constitutes the authority for the appointment of the hoard of Uanagers. We are unable to name a specific day on vhich the tenures began, for the wont of authoritative informa- tion an to the day on vhich the first Board was appointed and qunlified. The act took ePfect January 16, 1922, It Is silent as to the beginnilyj of the term, and is like- -rise silent as to the tenure. Section 30 of Article XVI of tho Constitution declares; lIhe duration of all offices not fixed by this Constitution shall nwer exoeed two (2) years. * * * .' liembera of the Iioard of Atanagers of TexasState Railroad are officers, ho1d.i~ an Office within the mean- ing of this Constitution, since they perform some of the governmental Punctions of the Stat0 for a time or tenure, involving the element of permanence, as oontra-distinguished from mere em.ployeos, and although the provision of Section 22 abwe quoted does not mandatorily require the tenure, under such ciraumstances to be full two years, nevertheless re think it is Pairly.aontemplated by Senate Bill No. 69 that such members should hold for the term of tvo years. It has been the uniform holding of this department, under circumstances ouch as are proscntcd hero, that the be- ginning of the term of offiaers or Board members is the day of the appointment of the first officer or member. The term beginning in this vay rould necessarily expire at nidnight before the same calendar day tu0 years thereafter. In other words * two calendar years after the day of the first appoint- ment, the office becomes vacant for the appointment of a suc- cessor, the former member, hovwor, by reason OP another oon- stitutionol provision holding wer until the appointment and quallficatlon of his successor. So that, every two years Prom and aPter the date of the first appointments to your Board the offices Of members thereOf will be vacant for ap- pointments to fill such vacancies. 785 oonneotion yuu are ad~leed appliocssto pfmb tscobera~p