Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
lionorable L. Y. SuleJc, Chairmsa
Public l?oalth~Committes
The Senate
Austin, Texas
Dear Sirs
refused, 173 9. W. 525. Section 30a, of the Texas Constitution "Sac. 30n. !Fho Le~lolatura may provide by lezt thnt the mambora of the Bonrd of Re~anta of
ths Stnto University and boards of truoteea or
maxp.wa of the eduootionkl., eloemooynary, and
po,vll institutions of the State, and such boards
Honorable L. J. Sulak, Page
as hnve boon, or mny heranftor be established
by law, mng hold their roapoctive offices for
the torm of oix (6) years, one-third of the
mcmbcrs of such bonrds to be elected or ap-
pointed every two (2) genrs in such tmnnor
an the Legislature map determine; vacenclos
in such offloos to be filled as mny be pro-
vided by law, (") and tho LeClnlature nhnll
enact suitable laws to give effeot to this
section."
The Supreme Court of' Texns had before It a quo&ion almost ldentionl to the one here under consideration in Texas hatIon Guard Armory Bosrd v. MCCr3w 126 9. W. (28) 627.
In the opinion of,&. Justice Critc, concurring in part end t di8BentinG in part) he doolared, at page 63gt (h) of Seotlon 2 of the "SUbdiViSiOU
Act under consideration here jmeatoa a board,
whoso duty it is to cnrry out nnB offectunte
its provisions and purposes. It 1s provided
that the persona notinfl 3s members of the
existing Toxas hqtlonal Guard Armory
Board shall constitute tho Board under this .
Act. This means thet the persons who OOR-
stitutcd tho Texas Hntionnl Gu3rd Armory
Bo3rd at the time this Act become effective
were constituted the Boerd thoreundar.
The Board existing at such time consisted
of three mombers, being the three active
senior officers of the Toxae ii3tIonal
Acts 1935, 44th LYE., p. 462, ah.
%rd- i. It follows that tho Doard created by
this Act consisted in tho beginning of three
members;who wero the throe senior active
officers of the Texas Hetioaal Guard. The
subdivision of this Act here under consld-
er3tion then procoeds to provide: 'Xcm-
bers of the Board shall nerve + * .* un-
til their renignation in writing &all be
accepted by tho Governor of Tcxao, or until
dcnth or remov31 for nnlfocsnnoe.t Thus,
under the expresn terms of the Act, n
Board is arented whose mombers hold their
respeatlve offioea for life, unless they re-
sQn, die, or are removed for mnlfeaeanoe.
. . . Bonotible~ L. J. ti&, Page )
To my mind, such a provision la in absolute
contrndiction nnd contravention of Sootions
30 mnd -jOa of Artlele 16 of our State Con-
'atitutlon."
7!ha opln%cn of Mr. Juottco Sharp, in that caee on this point dlffors from that of Kr. Justloo Crlts In that he holds the offices of tho Armory Board to be milltarp as dis- tingzfohed from 01~11 offices, and thoroforo not within the scope of Article 16, Soctlons 30 nnd 300. Cloarly, the mem- bers of the Dosrd of Dleto-therapy would hold civil, nnd not military offices. We baliove, therefore, that under both the oplaione ln the ArmoryBoard CRBO, Section 4 of Sonato Bill Ro. 306 violatos Article 16, Section 3014 of the Constitution in that it fails to limit the terma of"the mambers of the Board therein cretted'to six (6) Bears or lees.
In vlou of our opinion an to Section 4 a? the Act, ve deem ft unneaessary to ooneider other phases OS the Bill.
I
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P
I
A BILL
TOBEEXTITLED AB ACT def'S.nl.ng Cieto-therapy; prescplbing the echooll.ng required of those uha pmatiue Dleto-therapy or aall themselves Meto- patha~ providing for enforceam& of this Act: and declaring an eersrgimcy.
..'; ,;,& fF~.,mA&D EIy..T8E m..&;*AoF:a 8TA&. b*.&*,:~ ~', ,.: ” .‘.:
natural qualiti88 fos th8 bulth-rid of my lmma 8hal.l aowtlt,uSa, ulaI*,tlnt#ahin&80?~ta-#8~.~~te~~ ' oi hul%batd to my psrsan shall be untitled to fi& this m&hod title of Dletopath, and pay abarge for his totmUng or rerviqes.
Section 3. A graduate in Dieto-therapy shall havehAd two (2) yearat training in anatomy, physiology, pathology, bac- terioxogy, chemistry, histology, srabryology, toxlaolom, dlag- nosia, dietetics, and theory and practice of Gletotherapy, whloh '~&@+s ~&j& &gi&l;&&~~@& u$& .th% -&#&J&qg & f&&'&;6aapat~k : " . . ' is no* 4 distop4tb.
seatltut 4. At present three of the teaehera of M&o- therapy, in the state chartered Texas Sabool of Mets-them.py, eho8ea among th8mselv88, 8hal.l oen8titute a 33awl, rlthfnxt w, who sha3l ltavu pcwur to enforoe thla Act by oltiag w perman trho vilfull~ ml~luda the publta br SraUulan tlys~k,‘bs
8 grcrdwk 0f rn0teh0~, to a -w httrorrosp 0r irsrk cattty, sad *Bkitlg th4t ml.sd sa%snor ch4rgur be mbd agaln8t the said Wn-g~8AWto 01~ W4UthOl’iBUd ~r~e%t 8 &~USWS. ~&C&I eon- .rlotLan,~?~~kwt~tha$~..~,omfhra
~200.00, with we-w (a/3) Icup% by w3e aaw*y, VlQh o?aliw ilass, unl two-Wotlrdr (%!A) pa&d I.&i8 She epar&A.ag fktnd of the Taxa sakwol of B+ta-therapy.
Beatian 2. The fact that them i8 no lthv pew $0 -a-
-3-