. 

.<~.y~’ . :,. 

. Tm% ATTORNEY GENERAL . 

OFTEXAS 

March 6, 1974 

The Honorable Mark W. White, Jr. Opinion No. H- 253 

Secretary of State 

Office of the Secretary’of State 

Austin, Texas 78711 

Dear Secretary White: 

Re: Does “at his (Governor’s) 

pleasure” constitute a 

term of office within the 

definition of i 2(3)(C) 7 

Article 6252-9b (Acts 1973, 63rd Leg., ch. 421, 6. 1086), the 

Ethics Bill, in its 5 t(3) defines “Appointed officer” to igclude, as 

Subsection C: 

“an officer of a state agency who is appointed 

for a term of office specified by the constitution or 

a statute of this state. . . .‘I 

The Constitution and statutes “specify” a term of years for numerous officers of state agencies. For example, Article ,j,’ $49-b, Constitution of ,Texas; and Article 54212, Vernon’s Texas CiLl Statutes. 

For others, no term is given. See, Article 43.003, Vernon’s 

Texas Water Code and Article 6008-1, V. T. C. S. Finally, there are 

officers who are to be appointed to serve at the “will” or “pleasure” of 

the appointing officer. See, for example, Articles 4413(201) and 4413d-1, 

Vernon’s Texas Civil Statutes. 

Your question is whether an appointment “at his (Governor’s) pleasure” 

consl,itutes a term of office so as to make such appointees “Appointed officers” 

under Article 6252-9b, w. 

,Generally, the phrase “term of office” is used to mean the fixed period 

of time for which the office may be held. It is the period designated by the 

Constitution or laws as the time during which the office may be held rather 

than the time an individual holds the office. 67 C. J. S., Officers. $42, pp. 

p. 1182 
The Honorable Mark W. White, Jr., page 2 (H-253) 

t95-96~, .and cases cited. And see, for example, State v. Galusha, 104 

N. W. 197 (Neb. 1905); Recall Bennett Committee v. Bennett, 249 P. 2d 

479 (Ore. 1952); Mutlins v. Jones, 162 S. W. 2d 761 (Ky. 1942); Smith v. 

Pettis County, 136 S. W. 2d 282 (MO. 1940). 

A person holding office at the pleasure of the appointing officer 

do(!s not have a term of office. Arthur v. Hubbard, 70 A. 2,d 925 ,(My. 

1950); City of Gwensboro v. Hazel, 17 S. W. 2d 1031 (Ky. 1929); Kraterr 

v, Commonwealth, 15 S. W. 2d 473 (Ky. 1929); State ex rel. Gilbert v. 

Board of Commissioners of Sierra County, 222 P. 654 (N. M. 1924); 

Bayley v. Garrison, 214 P. 871 (Cal. 1923); State ex rel. Matlack v. 

Oklahoma City, 134 P. 58 (Okla. 1913); State ex rel. Rumbold v. Gordoni 

142 S. W. 315 (MO. 1911); Harrold v. Barnum, 96 P. 104’~(Cal.‘App. 1908); 

Ida County Savings Bank v. Seidensticker, 92 N. W. 862 (Iowa 1902); & 

re Batey, 52 N.Y.S. 871 (App. Div. 1898); Somers v. State, 58 N. W. 804 

(S. D. 1894). 

In Spears v. Davis, 398 S.W. 2d 921 (Tex; 1966),’ where the question 

was whether two,state senators were disqualified from running for Attorney General by Article 3, $18, of the Texas Constitution, which forbida 

such a candidacy “during the term for which he may be elected, ” the 

Supreme Court said: 

“In order to avoid confusion, a clear dietinction 

must be made between the phrase, ‘term of office’ and 

an individual’s tenure of office. The period of time 

designated as a term of office may not and often does 

not coincide with an individual’s tenure of office. . . .” 

(398 S. W. 2d at 926) 

And see Hall v. Baum, 452 S.W.~ 2d 699 (Tex. 1970). 

We believe that by referring to the “term of office specified by the 

constitution or a statute of this state, ” the Legislature evidenced its intention to refer to a apbcific, designated period of time, following the line of 

authority set out abovei 

p. 1183 
_ . - 

The Honorable Mark W. White, Jr., page 3 (H-253) 

Therefore, it is our opinion that an officer of a state agency appointed 

“at the pleasure” or “at the will” of the Governor or other appointing authority is not one appointed for a term of office specified by the Constitution or 

a statute of this state. 

SUMMARY 

Officers of state agencies appointed for a term of 

office, as contemplated by Article 6252-9b. 0 2,(3)(C), 

V. T. C. S., do not include those appointed at the “pleasure” or “will” of the appointing officer. 

Very truly yours, 

JOHN L. HILL 

General of Texas 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1184