Untitled Texas Attorney General Opinion

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THE ,~ITCBE&NEU GENERAL
OFTEXAS
Hon. Wayne W. Connally, Opinion No. M-852
Chairman
Parks & Wildlife Committee Re: Constitutionality of in-
State Senate Chamber creasing Membership of the
Austin, Texas 78711 Parks and Wildlife Commis-
sion without abolishing
the present commission.
Dear Senator Connally: (Art. 978f-3a, V.P.C,)
The Senate Parks and Wildlife Committee, of which you
are Chairman, has asked our opinion as follows:
"Can the present membership of a State
Commission be enlarged in its membership
without abolishing the present member-
ship of the Commission?"
The statute creating the present Commission and its
Department is found in Article 978f-3a, Vernon's Penal
Code of Texas.
Sections 1 through 3, inclusive, of this statute read
as follows:
"Section 1. From and after the effective
date of this Act, the Game and Fish Com-
mission shall be reconstituted and known
as the 'Parks and Wildlife Department',
which shall be under the policy direction
of a Commission which shall consist of
three (3) members, one (1) of whom shall
be designated by the Governor as Chairman.
The members of the Parks and Wildlife Com-
mission shall be appointed by the Governor,
which appointments shall be with the ad-
vice and consent of two-thirds (2/3) of
the Members of the Senate present, if in
Session, and if not in Session, the Gover-
nor shall appoint such Members and issue
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Hon. Wayne W. Connally, page 2 (M-852)
a commission to them as provided by law,
and their appointment shall be submitted
to the next Session of the Senate for
their advice and consent in the manner
that appointments to fill vacancies under
the Constitution are submitted to the
Senate. The Governor shall appoint the
members of the Parks and Wildlife Com-
mission, one (1) whose term shall expire
February 1, 1965, one (1) whose term
shall expire February 1, 1967, and one
(1) whose term shall expire February 1,
1969, or until their successors are ap-
pointed and qualified. In case of a
vacancy in Commission membership, the
Governor shall appoint a rep~lacement
member to fill the unexpired term of
the vacating member. A quorum for the
dispatch of official business shall be
two (2) members. Thereafter, the Gover-
nor shall appoint members for terms of
six (6) years. The members of said
Commission shall be reimbursed for their
actual expenses incurred in attending
meetings, and shall be paid a per diem
as set out in the General Appropriations
Act. The Commission shall meet as often
as it deems necessary, but shall meet
at least once every quarter of the year.
"Sec. 2. The term of office of the pre-
sent members of the Game and Fish Com-
mission shall expire with the effective
date of this Act; provided, however,
that this provision shall not preclude
the Governor from appointing one (1)
or more members to the Parks and Wild-
life Commission provided for in Section
1 of this Act.
"Sec. 3. The Parks and Wildlife Com-
mission shall have the power and auth-
ority to appoint an Executive Director
who shall be the chief executive officer
of the Parks and Wildlife Department and
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Hon. Wayne W. Connally, page 3 (M-852)
shall perform its administrative duties.
Such Executive Director shall have auth-
ority to appoint such heads of divisions,
game and fish wardens, park managers, and
other employees as may be authorized by
appropriations therefor and as may be
deemed necessary for executing, administer-
ing and carrying out the duties and ser-
vices authorized by law to be performed
by the Parks and Wildlife Commission and
the Parks and Wildlife Department. The
Executive Director shall serve at the
will of the Parks and Wildlife Commission.
All other employees shall serve at the will
of the Executive Director.
We are not concerned in this opinion with the exist-
ing statutory relations between the Commission and the
Department, but only with whether the present Commission
membership can be constitutionally increased without abol-
ishing it and creating an entirely new one.
We hold that the Legislature may increase membership
on the present Parks and Wildlife Commission.
It has been held that where the office is purely statu-
tory, it is within the powers of the Legislature to abol-
ish an office or a board and create new ones. 47 Texas
Jur.2d, Public Officers, Sec. 53, 54, pages 78-79. Terms of
statutory officers or board members may be shortened or
lengthened by the Legislature. 47 Tex.Jur.2d, Public Offi-
cers, Sec. 38, page 58; Popham v. Patterson, 121 Texas 615,
51 S.W.2d 680 (1932). This rule does not apply in the case
of officers fixed by the Texas Constitution. Cowell v.
Ayers, 110 Texas 348, 220 S.W. 764 (1920).
The Legislature has the power to enact any law not in
conflict with the state or federal constitutions, or federal
laws. 53 Tex.Jur.Zd, Statutes, Sec. 33, pages 58-59; DeShazo
v. Webb, 131 Texas 108, 113 S.W.2d 519 (1938). It can change
the law at any time. San Antonio & A.P.R. Co. v. State, 128
Texas 33, 95 S.W.2d 680 (Tex.Com.App. 1936). It can suspend
laws. Texas Const. Art. I, Sec. 28; 53 Tex.Jur.Zd, Statutes,
Sec. 37, page 68.
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Hon. Wayne W. Connally, page 4 (M-852)
We find nothing in the Texas Constitution which pro-
hibits adding members to a state board or Commission, and
we therefore hold that since the Texas Constitution does
not prohibit or limit the power of the Legislature to add
additional members on such a statutory board or Commission
as the Parks and Wildlife Commission, the proposed statute
is constitutional.
SUMMARY
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The Legislature can constitutionally increase
the membership of a board or commission such
as the Parks and Wildlife Commission by add-
ing new members.
Yours very truly,
CRAWFORD C. MARTIN
Attorney General of Texas
1
NOLA WHITE
First Assistant
Prepared by Roger Tyler
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Malcom Smith
Scott Garrison
V. F. Taylor
James Quick
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
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