Your letter of flwentber 9, 1966 has been reoeived r-e- guesting an opkfon of this department MC! presenting the following two questione: Atrordiy to ,,the~ state. l&s is it

WI. asndatory that the c ty hetith dfficsr is appointed every two ye%rs? ' sL%yor and city counta ; ‘(2). ey wish to keep the sams

is z-e-elected entire1 city health officer * body ta agaia 08ficially appoint the health officer 8 It necesscqr for the govern- Sor a new tea-&"

Article 4425, ILevisod Civil Statutes of Tsxas, as amended, prorides : . .

"The goyerniig. bod;r of each inoorporated city and tom within this State shzS. elect l qualified person for the office of City health officer by s najority of the vo';os of the governing body, except in cities uhich aay be o*rat.ed under e charter providing for a yaicians, in which different net!& of se1ecti.q city event the dfiS.ce of city health off cer &all be filled fh

as ie now PiLeG by the city physicist,, butSin no iustanee sl;&.et~tof:ice 02 city health ofricer bB -- liealtk ofilcer after amointzzent aboliabed.

shall talcc em? sub&be to the of1 -1 ciCl o.&; ant? ah dl flL - copy of such oath end a copy of his a~~oiWmrzt *2 \ .

Ilon. oebrgo WI co% - P%w 2

~t&theTaxasStateBoard ofKee&h, and ahallnotbe debti ",z ;&a;~ qualified until aaid coptee ohall for the oit health . Ho tenure of affieo ir proaadbad officer, 80 the etty would haye authoriOy'to preeoriba I;r ordinanoo what the authorities felt would-be the proper length of tho.Wrm of a city health officer. However,. the tena of office could not be fixed for a term longer.than two years because of the limitation6 provided in Article XVI Section 30, of the Texas Cowtitution.

380 &SO ca~b&%ll VS. k&OWfl, 30 3.4. 322; h2hld.c: Vll. City Of ' Dallas, 63 SAT;'. 2nd 175, af-tirn?od # S.X. 2nd 167, oplnioil withdrawn on rdmaring and reversed on ether grounds, 103 S.W. 2nd 725.

Row&w, Article XVI, Section 17, of the State Constlti%ion provides: .ihll officers within the Stat6 eh&U continue to

(7) perform the &tie8 0: their offioeer until their 5wz- .b.. oe88or8 13hal.3. be dd.. qu&ified.R

'Pherbforo, our antwer Lo ]iour first q&t&on is that a city health officer &tee no-t havo to be appo$ntbd every two ywr6, but his ternlofofflce c#u¶not+befor8longortwm~aQtwoye~*

ia that it would not be a&o ol'ficially ap it?% if that person now olds r ofMaa until hi6 l uo ces- advisable if the city .~.