Case Information
*1 OFFICE Ok THE AlrOdNEY GENERAL OF TEXAS AUSTIN xonomblo J%rt Ford Adzinistmtor
lkmis Liquor Con& Eonrd
*
of the Texts Liquor ation In the Con;- lxe that he was 11, 1941, Horowblo Yt'. Lee O*BnioJ., ems, addressad the follcxLng EOS- sage to the Sonata of tie 47th Lsgislat~~ra:
I .&s)E. tho odoics, cnn::cnt and con- .P$rr;ation of t&c Senate to the foll.o:?itig ~qgolntmnt:
, -. Ronorable Bert Fora, Mniniotrator, Page 2 -
. .m BE A K5~?Bm OF m LI:?.uoD COlVizOL BOARD for the, unexpired tern ending Novenbor 15th 1945:
IS, J. 'Jhvmsnd of Lufkln, Anglina County. Res&~otfully sub&.ttcd 6’. Lee O’D~niol Governor of Texas* W3net.or 1:‘. a. Towns&d iias enpointod ror
the unexpired tom of Dr. Xr D. tidfield. Sea- tlon 5, fxtiole 1, Page 6, of the Texas Liquor Control Aat aedla f;ith the appolntnont of Jkard menbers and ths appolntnont of ths Chairwn for said Board under said Liquor Control Aot.
UUcaer the above statemnt or facto, the Texas Liquor Control Board has unanl~zously re- ~quosted that 1 secure your valued opinion es to who is now actually Chalman of said Board.”
Seotion 5 or the Texas Liquor Control Act’t;o-far is as r0ibi7i3a as pertinent
OFhere 1s heraby orcatea a board mea the ‘Texas Liquor Control Board, oonsistlng of three (3) persons, all of whom shall be appointed by the Governor, by and with the advloo and ‘unsent of tho Sonate, and one of whoa ahall be designated b,y,t$e Govemor to the onaiman of the said Board, . .
*Of the nX?mbars ‘initially app0inte.d eaoh shall hold office from the date of his cppoint- rnont for the .folloviin5 rospeotlvo ts~ms, and until thair res:eotive successors shall qualify: One monbor for two (2) Ware, one for four (2)) years, and one for sir 16) year6 r333m tho ef- feot$vc date of the Act, Each member nay be jnitially appointed on or oubsoquont to thg date this Act Soas into effect. I;he Governor at tho tine of c-akini: and announcing the appolntnent of mid throo (3) ncabor:8, as well as in tha tqmlsslon issued by him to each of thorn, shall d~1Gnat.o which of ncld nc?Y~rs sbsll servo for each of the seld respective tams, end also which *3 Honorable Bert Ford, Administrator, Page 3
shall be tho chairman’ of the Board. (1
Prom your statecent it appears that on Hovembor 16, 1939, Dr. Ti. D. Rradfield of Dallas Ylaa given a recess appointment and nomed as chairman member or the Texas Ll- quor Control Doard, end served as suoh until his rajeotlon by the Senate on April 24, 1941. It further appears that in the nomination of Senator %‘. J. Pavrnsend of J&kin as a member, tho Gorornor made no designation of chairman of the Board.
Upon the rcjootlon otDr. Eradfleld, the then chaSi-msn of the Doard, and his consequent legal retlrament as a rembor of the Eoard, there remained no le@l.ly deslg- nated chairman.
. It IS the opinion of this department that the above-quoted statute contenplates that the selection of the chairman of the Roard Is to be made by the Governor, and though it was oontemplated, but not required, that such designation should be made in the nomination of the member ohosen to be chairman, it Is our opinion the power and right of the Governor to make such desl6netlon abides wi%h him and is not lost by his iallure to this time, to make such dcsiwatlo.?. ‘ihe administration of the lna would be trustrated under any other rule. The <touree contemplated by the law is of necessity that there should at all time8 be such cholrFa, ‘and no method Y~hatsoever is preso.rlbcd for the oelcotlon of a ohalrmnn except by the designation of the Governor.
So that, you are respzotfully advised that the Doard should call the Governor*8 attention to the over- sight and request that hu doslgnato a chairman. This dss- ignatlon should be evidenced by the lo~uanco of a commls- 8ion recrtlng that there had been no previous designation of a ohairman, and that tho dcsl6neo is now a duly appolnt- ‘sd, quaIlflod and aatln6 member of tho Roard,
Very truly yours A!Pl’ORNEY GZiGRAL OF !PEZ$ BY 0s:T.x APPROVEDJUN 26, 1941
GENXRAZ OF Tz;{~,s