*1 ORNEY GENERAL ~~TICXAS

Honorable W. Lee OfDaniel

Governor of Texas

Austin, Texas Opinion No, O-3111

Dear Governor 'OtDanicl: Re: Duration of the term of office of a member of the Board of Examiners of Land Surveyors under Arti- cle 5268 of the R.C.S.

We beg to acknowledge receipt of your letter of January 31, 1941, propounding for a legal opinion the abova- captioned question.

The statutes, Artiole 5268, et seq., governing the creation and functioning of the Board of Examiners of Land Survevors, nowhere orovided the term of offioe for the mem- bers of such Board.

The matter, therefore, is controlled by Section 30, Article XVI of the Constitution, whioh declares:

"The duration of all offioes not fixed by this Constitution shall never exceed two years; o o 9" So that, you are accordingly advised that such members hold for a term of two years, at which tSme the office becomes vacant so far as concerns the right and power to appoint a successor to such officer.

What we hake said has noreferenoe to the Commis- sioner of the Land Offloe, who is by the statute made~.a member of the Board. The Commissioner~s servioes in this connection are ex officio his office of Commissioner of the General Land Office -- merely added duties -- and his holding as a member of the Board is nowise to be considered as the holdingof an office or position of honor, trust or profit, witnin the constitutional provisions against dual office- holding, Very truly yours, ATTORNEY GENERAL OF TEXAS OS-MR-og s/ Ooie Speer Approved Feb. 1‘2, 1941 Ocie Speer s/Gerald C. Mann BY Assistant Attorney General of Texas