Case Information
*1 Texas State Board of Health
AImtIn, Qixall
Atteation: Mr. lr. A. Dad81
Derr'Slr: Opinion Ho. O-2805
Be‘ The expiration date of the terms of membars of the State Bmrd of Health.
Ik have reoeiwd your requert to+his department for our opinion oa the proporitioar stated in your letter, from nhioh we quote: wl May 20, lQS9, I mmd your Deparhmat M to the terma of offloe of tie am~&~ra of the 8tate Board of Ebakthaad was advimdthat 'It would be irm -- porriblo for uI to rmml.$t .dthout hpordng whoa the reopootiw wmlrsrm wro appoitiod.’
"8oaato BLll I& 47, kgialatura lQS1, Kiowa aa Chapter 42, Qeaanl mad Speo- ial Imw, ortablirhod the 8tate Board of Health oompomod of mix m~bera to bo l ppoiatod bgtho Oowmor. Thir,Ml1 wx approwd aad lmoao offoatiw Juao 9, 1927.
"An m~en&nont to this bill,mm pnrod ia 19Sl (H. 8. 455, Chapter 266) hrB provided that 'Tho tenu of offloo of tho 81~ pnreat men&err of the Board #hall not be l ffootod v tMm CO&'
"(1) 'Whoa doea the term of offio; ofthir Board temiaate?
%JUSO Hll 465 r&erred to aa an onm~dmerb to the 1927 lar, added three aelf membera to the Road. This dllmr approved %y 29, 1951 and boomno effeatiw kQpt Bl,ofthat year.
"(2) Pleaoo adviao ino whea the terma of offioe of the three additloaal rams lurg of the Board appointed under the provirion8 of He Be 465 terminate? "(6) Does the term off300 of a member of the Etato Board of Health ter- r&mate six yearn from the date Iheathe Ml1 olsating that offloe beoem effectiw, or six years from the date ah- the appoiatmmtrs made, or six years frcm the date when his oath of offioe was filed?"
Article 4416-a, Vernor'lr Revised Civil Statutes, moating tti State of its msmters, was puaed Board of Healthand prwidiagfqrtb* iafmslt T ly the Aots of the 49th Legislature, 192 , First Called Session, Page 131, Chapter 42, whioh pYVide6 l abllmf8:
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Dr. W. Davis, page 2 (b.2605)
"Sea. 2. Canposition of the State Board of Realth, Appointment, Term of Offioes The State Board of fIealth shall consist of six members,&0 shall %a =ap@l.iti by= +JlfL %tvvmnz, ++a& ,wn#x?? J-q +Jlfa .%ful&a Q!L WhcL *a- have the following qualifications: All members shall be legally qualified praotioing physicians, who shall have had not loss than five years' exper- ience ia the actual praotioe of medioiae within the State of Texas, of good professional standing, and graduates of reoogniaed medical oolloges. Of the six membersof the Board first appointed under the provisions of this dot, two shall serve for a period of two years, two for a period of four years, and two for a period of six years, or until their suooessors shall be appointed aad shall have qualified, unless sooner removed for oause. Immediately after this Aat becomes effective, the Governor shall appoint six members to oonstitutr, the new State Board of Health ore&ted by this Act, Pnd, in the act of appoiatmemt, shall designate the respeotive terms of the members first appointed. The terms of office of the members of the State Board of Health shall be six years, after the terms of the members first appointed shall haw expired. The Etato Health Offioor shall be a member ex-offioio and ahall l ot ae Chainnam of the State BDvd Health, but shall not haw the right to vote a8 a member of suoh Board except in oases of a tie vote; provided, that in no event shall he be entitled to vote in the matter of seleoting the State Realth Officer."
It will be noticed that the statute provides for the appointment of six members to the Board, provides for the length of theirrespective terms of offioe, but does not speoipY the date upon mhioh thee terms of offioe shall begin or terminate. The An+ referred to abow was approwd @the Legislature raud became effeotiw on June 9, 1927. The session of the Legis- lature passing the Aot adjourned on June 7, 1927.
%der the authority of the above Aot, Governor Dan Moody on June 15, 1927, appointed six parsons to the six respeotiw offioes, their names and terms as shown by the reoords in the offioe of the~seoretary of State, being as followsr Dr. W. A. Ring, for a two-year terms Dr. J. Y. Frazier, for a twqear termt Dr. E. IL Kright, for a four-year term; Dr. C. Id. Rosser, for a four-yearterm; Dr. Joe Gilbert, for a six-year term; and Dr. A. Ar. Ross for a six-year term. Baoh of the named appointees, and his repseotiw term of offioe,aas duly confirmed and approwd by the Senate of the 41st Legislature, Regular Session, 1929. See Senate Jouural, page 91. e
It has long beer the adtioo of this offioo that whore the Legisla- tura fixes the leagth of a term of offioe, but does not prescribe the date for the beginning or the ending of the term, the beginning of the term dates from the date of the first appointment. Report md Opinions of the Attorney General, 1914-16, hgo 736; Report and Opinions of the Attormag General, 1924- 26, Page 344; Reporb and Opinions of the Attorney General, 1930-32, Pages 364 and 370; Report and Opinions of the Attorney General, 1932-34, Pages 324, 364, 368, 370, 506; Roy&on V. Griffin, 42 Tex. 566; 22 R.C. L. 550.
Applying the abow rulo to the first six appointees, named above, or each of their reepaotiw lawful suooossors, you are advised in answer to your first question as follower *3 Davis, page 3 (O-2606)
A* The terms of Drs. Ha. mag and J. I[. Prasior, respectively, began oa June 16, ~1927 and ended two years thereafter, on June 15, 1929. Sinoe the law provides for a six-year termtheraftor, the next six-year term of offioe for each of them, or for their respeotive lawful successors, if any, expired Juno 15, 1936. The next six-year term of office for oaoh of than, or their respective lawful mooermors, if any, will terminate June 16, 1941.
B. The texms of Drs. E. IYI. bight and C. M. Rosser, respectively, began on June 15, 1927 and ended four years thereafter, on Juno 15, 1931. Siaoe the law provides for a six-yearterm thereafter, the next six-year tens of office for eaoh them or their respective lawful suooessors, if any, expired June 15, 1937. The next six-year term for each of them, or their respective lawful suooo8sors, if any, will expire on Juno 16, 1943.
C. The tonus of Drs. Joe Gilbert and A. A. Ross, respectively, began on June 15, 1927 and ended six years thereafter, June 16, 1933. 8io00 the law provides for a six year tenstherepftor, the next six-year term of office for each of them or their respootiw lawful suocessom, if any, terminated on June 15, 1939. The next six-yeartsmn for each of them or their respective lawful successorswill expire on Juae 15, 1945.
The 42nd Legislature, 1931, Chapter 266, Page 445, mended Arti- ale 4415-a of Vernon's Revised Civil Statutes, to read as follows: "The State Board of Health shallooasist of nine (9) members who shall be appointed by the Governor and confirmed by the Senate, and w o shall have the follmzing qualifications: Six (6) of the members shall be legally qual- ified praotioing physicians, who shall have had not less than five (5) years* experience in the aotual praotioo of medioiae within the State of Texas, of good professional standing, and graduates of reoognieed medical oul,egess of the six (6) members of the Board first appointed under the ric " of two (2) years, provisions of this A&, 'cso (2) shall serve for a two (2) for a period of four (4) years, and two (2 $ for a period of six (6) years, or until their successors shall be appointed and shall have qualified, unless sooner removed for aause. Upon the passage of this Aot, the Govern- or shall appoint three (3) membsrs of the Board in addition tothe six (8) members now oonstitutlng the State Board of Health; one (1) such new member shall be a Doctor of Deatistrv. of reputable oharaoter. licensed under the laws of this State to practice-his profession, and who-has had at least five (5) years' praotioal experience in the aotual praotice of Dentistry in this State? one (1) suoh members shall be a Pharmacist, of reputable character, licensed under the laws of this State to praotioe his profession, and who has had at least five (5) years* praotioal experience in the actual practice of Pharmacy in this State3 and one (1) suoh member shall be a graduate of some reputable sngineering school upon w?om such sohool has conferredtie de ree of Civil Eagineeriag,and who, since graduation, for at least five years has speoialised in sanitary engineering in aotualwork in this (5f State. The terms of offIce ofthe six (6) present members ofthe Board *4 Davis, pge 4 (C-2805) shall not be affeoted by thls Aat. and the terms of office of ihs three (3) eltional members shall be so arranged that ene (1) shaL1 serve for two (2) yearp. one (1) for four (4) yearo. and one (1) for six (6) yeua. Attar the sz&ratlon of the terms of, the first apnolateeo to the Saud the terms of afi embers ah11 be for six (6) yeara* The additlonalnmkera ahall bs allowed the asme oompeaaatloa in attending -meetings of the Board, as well as travellag expenses, as-provided by thir Ohahr. T he State Realth Cffioe shall be a member ex-offioio of the Board, hrt shallaot hare the right to rote. The Board, shall elect a Chalrmrn among the alne (9) membera of the Board,*0 shall 80111) for a period of two (2) yeuo or wtll.hls suoesoor is eleoted." The amended lot was duly passed, approved and bsoane effeotive on Hay 28, 1931. That Session of the Leglskfare adjourned Ray 23, 1931.
Itwlll be notloed ihat the amended statute expressly prorlder that the "terms of offloe of the six prereat members of the Board shall not be affected by this A&.‘” We believe it was olearly the intention of the Legislature that nothing in the aasnded Aot should affeot tie terms of offioe of the edstimg six membera, aad that the time fixed for the bginnlng and ending of thrir respeo- tire terms of offloe should not be ohmgod or affeoted. It ir wldent tht the mended Aot, in park, =s Intended to oreate three additional plaoea on the Ibard of Realth, provlde for their appolatiat and fix the lengbh of their respeotivu terms of offloe. The smended not, like the otiglnal, does not speolfy the date v&em the terms of office of either of the three additional member8 nil1 begin. Ws find nothiag in the amended Act to show an intention on the part of the LeglsIaturs that the date of the beginning or the date of the mdlng of the respective terms of office of either of the three additional members oa the Board should aolncide with those of the first original six members.
It is our opinion that the same rule applies to the date of the beginning of the respeotive tenw of offiae of the three additional mambars as we have applied to the original &x members, i.e., the date of their first appoint- ment. To determine thls we must asoerbainthe date whea the first additional, mem- bars '~lsre appointed.
Aowrding to the offioiaI reoords of the Seoretary of State, Governor R.S. Sterling, on June 12, 1931, appointed Dr. J. Me Spoonts, for the tm- year term2 Dr. Ralph A Ericsoa, for the four-year term; and Dr. 0. L. Fugate for the sixqeartenn. Dr. Fugate resl@ed shortly after his appointment snd Dr. J. M. Rowe was appointed by the Gwermor to fill his fiaoe. These appointees were duly oonflrmad by the S-ate at the First CalLed Session, 42nd Legislature, lQ31. See Senate Jounral, Rage 614.
You are, therefore, Wised ia answerto your second question, concerning the termination of the terms of office of the three additional members of the state Board of Health, tbpt:
A. The term of Dr- J. M. Bpoonts began on June 12, 1931 end expired two years thereafter on June 12, 1933. Since the law provides for a six-yeutems there- after, -Ihe aext six~earterm for him or hls lawful suooessor, if any, expired *5 A. Dpis, Page 6 (O-2805)
on June 12, 1939. The next six-yearfenn will for him or his lawful suooc)seor, expire on June 12, 1946.
B. The term of Dr. Ralph Erioson began oa June 12, lQ3l aad expired four years thereafter, oa June 12, 1936. Slaos the law provides for a six-yeartennthoreafi far, the next slx-yeu term for him, or his lawful suooessor If any, will expire on June 12, lQ4l.
C. The tern of' G. L. Pugate, or his maoeemor, Br. J, M. Howe, kegan on June 12, 1931 and expired six years thereafter, on June 12, 1937. Siaee the law provides for a six-year term thereafter, the next six-year term for him or his lawful sue- oessor, if any, will expire on June 12, 1943.
Since you hare not furnished us with the record of all the members of the State Board of Health from its first members down to the present, as we have prc viously requested, obviously we oanaot answer your inquiries specifioally with reference to the termination of the resp-sative terms of office of the present members of the Board. We believe, however, that we have answered your Inquiries in such a manner that you oaa easily asoertain this from a reference to your raaords, or to those in the office of the Secretary of State.
If there have been any vaoanciea, suah as deaths, resignation, removal for cause, or a vacancy as otherwise provided or contemplated by law, the sueeessor appointee, if any, to the oacanay would hold offioe only for the unexpired tew of his predecessor.
We have already answered your third question in this opinion by holding that the date of the beginning of the terms of offioe of the members of the Board of Bealth were established and began from the date of the first appointment.
We trust we have fully auewered the questions sulmitted in your inquiry.
Yours wry truly UlCRBWYGENEFUOFTEKAS By /s/Earold McCracken Harold MoCrackea A88i staat ~PPRC~SD OPINION CCIMMITIEE APPBOVSD FE'B 7, 1941 BYBWB /s/Gerald C. &wn Chairman ATTOILFTEY GEWX?AL OF TEXAS