Case Information
*1 716 OFFICE OF THE A’ITORNEY GENERAL OF TEXAS
AUSTIN
Honorable William J. Lawson
Secretary of State
Austin, Texas
Deer mm LeTSOlt~
"The Act does not mention the granting of a oomutssfon, but does require that an oath be taken and a bond exeouted. le would appreciate an opinion from your Departmmt as to whether the aormrdssion should be executed by this De- partment or whether it should be exeouted by 'the &oard of Water En&Lneore.*
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Ronorable William J. Larson - page 2
Article 2040 of the Revised Ctvil Statutes of Texas, declsrest
*The Governor shall comdsslon all offi- cars except Gwernor, members of Congress, electors for President end VfoeGPresident of the United States, manbars of the Legislature and nunicipal officers.?.
Members of the Board oi Mreotors of ,SanJacinto Conservation and Reclamation gistriot, provided for In R.2. No. m@q, Ch. 013, dcts of the 4W.h Legislature, Regular Session, are officers within the meaning oi the statute above quoted.
Section 6 of the Act rendet
*The management and control of all the affairs of said District shell be vested in, a& the pevers, rights. privileges, andfun%+ tlons of the District shall be exercised by, a Board of Dlreotors OonsistSng Of six (6) rimnbers, all of whom shall be freehold property taxpayers.arrl legal voters of such District.
Such Board of Directors shall be appointed aJ the State Board of Bater Rngineers as soon as' practicable after the Dassage of this Act, two (2) of the laerrbers to be appointed for a ~term of two (2) years, Go (2) of the members there- of to be appointed for a term of four (4) years, and two (2) of th8 membero thereof to be ap- pointed for a term 0f six (6) years, and upon thtj oxplration of the respective terms of sazld firactors, the su~eessors of each and all of them shall be appointed by the State Board of Yater aginosrs thereafter for a term of six (6) yeara- The directors shell hold ofMce after their appointment and qualification un- til their.sucoessors .shall be appolntad'and qualifiad. shoulrl any vacancy occ-ur in the Doard of Directors, the same shall be fllled jn like tnanner by the State Board of Water i%xginoers for the unexpired term. The direot- ors appointed shall, uithin thirty (30) days after their appolntmont, qualify by taldng the official oath required of County Commissioners, .and shall execute bond in the sum of Five ,
hlonorable Billiam J. Lawson - page 3
ThoasPad Dollars ($S,Doo), payable to the Dis- trict, the sufficieuey of wUc.h boPd shall be determined by the State Board of later Engineers, which bonds after bsing recorded in the official bond records of the county in which the District nmintains its office shall be deposited rith the depository selected end apyromd for the deposit of the funds of the District. Provided, the present tioard of six (6) direotors of the San Jacinto River Conaerration and Reclamation Ms- triot, appointed nuder the authority of Chapter 4~~3, Acts of the Regular Session of the Forty- fifth Legislature shall continue to serve as such until the Board of Mreetore appointed by the State Boa* of Water Rngineers as herein pro- vided has quallfis&*
The direotorft therein mentioned are not uxme em- ployees, but they are,offioere with edsduistratite parers, and as such officers they should be comsdssinued by the Governor es other public effioers are cooanissioned.