Case Information
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The Attorney General of Texas
September 5, 1979.
MARK WHITE
Attorney General
Mr. Andy Shwal, Executive Director Opinion No. MW-53 Texas Prosecutors Coordinating
Council Re: The length of the terms of office of members of the Texas P. 0. Box 13555 Prosecutors Coordinating Council. Austin, Texas 767R Dear Mr. Shuvah
You have asked our opinion on the length of the terms of office of the members of .the Texas Prosecutors Coordinating Council. The statute provides that the members of the council are appointed to ovc&apping four- year terms. V.T.C.S. arty 332d, S 4. However, article 16, section 30 of the Texas Constitution provides:
The duration of all offices not fiied by this Constitution shsll never exceed two years .: . .
See also Tex. Const. art. 16, S 30a (provides for six-year terms of offices in certain circumstances).
Under the clear terms. of the constitution, the fouryear terms provided in the statute are impermissible. Kimbrough v. Rarnett, 55 S.W. 120 (Tex. 1900). In similar situations the courts have concluded that persons appointed to impermissibly long. terms serve the two-year term permitted by the constitution. Delta Electric Const. Co. v. City of San Antonio, 437 S.W.Zd 602 (Tex. Civ. App. - San Antonio 1969, writ ref’d n.r.e.5 San Antonio Independent School District v. State, 173 S.W. 525 (Tex. Civ. Apy S Antonio 1915, writ ref’d) Accordingly, members of the Texas ProsZtors Coordinating Council’serve for a term of two years or until their successors are appointed and qualified. Tex. Const. art. 16, S 17. SUMMARY
Members of the Texas Prosecutors Coordinating Council serve terms of two years.
Attorney General of Texas p. 169
c,.. . .
Mr. Andy Shuval - Page Two (NW-53)
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by C. Robert Heath
Assistant Attorney General
APPROVED:
OPINION COMMI’MXE
C. Robert Heath, Chairman
David B. Brooks
Susan Garrison
Rick Gilpin
William G Reid
Bruce Youngblood
P. 170