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 membarsof the State Bmrd of Health.
Ik have reoeiwd your requertto+hisdepartment for our opinionoa the proporitioar

stated in your letter,from nhiohwe quote:
wl May 20, lQS9, I mmd your Deparhmat M to the terma of offloeof tie am~&~ra of the 8tate Board of Ebakthaad was advimdthat 'Itwould be irm
-- porriblofor uI to rmml.$t .dthouthpordng whoa the reopootiw wmlrsrm wro appoitiod.’

"8oaatoBLll I& 47, kgialatura lQS1,Kiowa aa Chapter 42, Qeaanl mad Speoial Imw, ortablirhod the 8tate Boardof Health oompomodof 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 providedthat 'Thotenu of offloo of tho 81~ pnreat men&errof the Board #hallnot 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) Pleaooadviaoino whea the terma of offioeof the three additloaal rams lurg of the Boardappointed under the provirion8 of He Be 465 terminate?
"(6) Does the term of off300of a member of the Etato Board of Health terr&mate six yearn from the date Iheathe Ml1 olsating that offloebeoem 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

RevisedCivil Statutes, moating tti State Board of Healthand prwidiagfqrtb* T iafmslt ly the Aots of the 49th Legislature, 192 , of its msmters, was puaed First Called Session, Page 131, Chapter42, whioh pYVide6 l abllmf8:Dr. W. A. Davis, page 2 (b.2605) ---- .

"Sea. 2. Canposition of the State Boardof Realth, Appointment,

Term of Offioes The State Boardof 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

*ahave the following qualifications:

All members shallbe legallyqualified praotioing

physicians,

who shallhave had not loss than five years' experience ia the actualpraotioe 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 shallhave qualified, unless soonerremovedfor oause. Immediately

after this Aat becomeseffective, the Governorshall appoint six membersto oonstitutr, the new State Board of Health ore&ted by this Act, Pnd, in the act of appoiatmemt, shalldesignate

the respeotive

terms of the members first appointed. The terms of officeof the members of the State Board of Health shallbe six years, after the terms of the members first appointed

shall haw expired. The Etato HealthOffioorshall be a member ex-offioio

and ahall lot ae Chainnam of the State BDvd of Health,but shallnot haw the right to vote a8 a member of suoh Board except in oases of a tie vote; provided, that in no event shallhe be entitled to vote in the matter of seleoting the StateRealthOfficer."

It will be noticed that the statute provides

for the appointment of six membersto 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 Legislaturepassing

the Aot adjourned

on June 7, 1927.

%der the authority of the aboveAot, GovernorDan Moody on June 15, 1927, appointed six parsonsto the six respeotiw offioes, their names and terms as shownby the reoordsin the offioe of the~seoretary of State, beingas 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 Senateof the 41st Legislature,

RegularSession,1929. See SenateJouural, page 91. e It has long beer the adtioo of this offioo thatwhore the Legislatura fixes the leagthof 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; Reportand Opinions of the Attormag General, 1924- 26, Page 344; Reporb and Opinions of the Attorney General, 1930-32, Pages 364 and 370; Reportand 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. Applyingthe abow rulo to the first six appointees, named above,
or each of their reepaotiw lawful suooossors, you are advisedin answerto your first question as followerDr. W. A. 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 providesfor a six-year termtheraftor,

the next six-year term of offioe for each of them, or for their respeotive lawful successors, if any, expiredJuno 15, 1936. The next six-year term of office for oaoh of than, or their respective lawfulmooermors, 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 providesfor a six-yearterm thereafter, the next six-year

tens of officefor eaoh of them or their respective lawful suooessors,

if any, expiredJune 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 Gilbertand 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 officefor each of them or their respootiw lawful suocessom, if any, terminated

on June 15, 1939. The next six-yeartsmn for each of them
or theirrespective lawful successorswill expire on Juae 15, 1945.

The 42nd Legislature, 1931, Chapter266, Page 445, mended Artiale 4415-a of Vernon's RevisedCivil 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 shallbe legallyqualifiedpraotioing

physicians,

who shallhave had not less than five (5) years* experience

in the aotualpraotioo of medioiae

within the State of Texas, of goodprofessional standing,

and graduates

of reoognieed

medical oul,egess

of the six (6)members of the Board first appointed under the provisions

of this A&, 'cso(2) shall serve for a two (2) for a periodof four (4) years,and two (2 $ ric" of two (2) years, for a period of six (6) years, or until their successors shallbe appointed

and shall have qualified, unless soonerremoved for aause. Upon the passageof this Aot, the Governor shallappointthree (3) membsrs of the Board in addition tothe six (8) membersnow 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-hashad at least five (5) years' praotioal experience

in the aotual praotice of Dentistry

in this State?one (1) suohmembers 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 Pharmacyin this State3and one (1) suohmember shallbe a graduate of
some reputable sngineering schoolupon w?om such sohool has conferredtie de ree (5f of Civil Eagineeriag,and who, since graduation, for at least five years has speoialised in sanitary

engineering

in aotualwork in this State. The terms of offIce ofthe six (6) present members ofthe BoardDr. W. A. Davis,pge 4 (C-2805)

shallnot be affeoted by thlsAat. 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 RealthCffioe 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 amendedlot was duly passed,approved and bsoaneeffeotive on Hay 28, 1931. That Sessionof the Leglskfare adjourned Ray 23, 1931.
Itwlll be notloedihat the amendedstatuteexpressly prorlder that the "terms of offloeof the six prereat membersof the Board shallnot be affected

by this A&.‘” We believe it was olearly the intention

of the Legislature that nothingin the aasnded Aot shouldaffeot tie terms of offioeof the edstimg six membera,

aad that the time fixed for the bginnlng and endingof thrir respeotire terms of offloe should not be ohmgod or affeoted. It ir wldent tht the mended Aot, in park, =s Intended to oreatethree additional plaoeaon the Ibard of Realth,

provldefor their appolatiat and fix the lengbhof their respeotivu terms of offloe. The smended not, like the otiglnal, does not speolfythe date v&em the terms of office of eitherof the three additional member8nil1 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 eitherof the three additional members oa the Board shouldaolncide with those of the first originalsixmembers.

It is our opinion

that the same rule appliesto the date of the beginning

of the respeotive

tenw of offiaeof the three additional mambars as we have appliedto the original &x members,i.e., the date of their first appointment. To determine thls we must asoerbainthe date whea the first additional,membars '~lsre

appointed. Aowrding to the offioiaI reoordsof the Seoretary of State, Governor

R.S. Sterling,

on June 12, 1931, appointed Dr. J. Me Spoonts, for the tmyear term2 Dr. Ralph A Ericsoa,for the four-year term; and Dr. 0. L. Fugate for the sixqeartenn. Dr. Fugate resl@ed shortlyafter his appointment snd Dr. J. M. Rowewas appointed by the Gwermor to fill his fiaoe. These appointees were duly oonflrmad

by the S-ate at the First CalLedSession,42nd Legislature, lQ31. See Senate Jounral, Rage 614.

You are, therefore, Wised ia answerto your secondquestion, concerning

the termination

of the terms of office of the three additional members of the state Boardof Health, tbpt:

A. The term of Dr- J. M. Bpoonts began on June 12, 1931 end expiredtwo years thereafter

on June 12, 1933. Sincethe law providesfor a six-yeutems thereafter, -Ihe

aext six~earterm for him or hls lawful suooessor, if any, expiredDr. W. A. Dpis, Page 6 (O-2805)

on June 12, 1939. The next six-yearfennwill for him or his lawful suooc)seor, expireon June 12, 1946.

B. The term of Dr. RalphA. Eriosonbegan oa June 12, lQ3l aad expiredfour 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 expiredsix years thereafter, on June 12, 1937. Siaeethe law provides for a six-year

term thereafter,

the next six-year

term for him or his lawful sueoessor, if any, will expireon June 12, 1943.
Sinceyou hare not furnished us with the record of all the members of the State Board of Health from its firstmembersdown to the present, as we have prc viouslyrequested, obviously

we oanaot answeryour inquiries specifioally

with reference

to the termination

of the resp-sative

terms of office of the present membersof 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 officeof the Secretary of State.

If there have been any vaoanciea, suah as deaths,resignation, removalfor cause,or a vacancyas otherwise providedor contemplated by law, the sueeessor appointee,

if any, to the oacanay would hold offioe only for the unexpired tew of his predecessor.

We have alreadyanswered your third question in this opinion

by holding that the date of the beginning of the terms of offioeof the members of the Board of Bealth

were established

and began from the date of the first appointment.

We trustwe have fully auewered the questions

sulmitted

in your inquiry.

Yourswry truly

UlCRBWYGENEFUOFTEKAS
By /s/Earold McCracken
HaroldMoCrackea A88i staat

APPBOVSDFE'B

7, 1941 /s/Gerald C. &wn ATTOILFTEY

GEWX?ALOF TEXAS ~PPRC~SD OPINION

CCIMMITIEE BYBWB Chairman