716 

OFFICE OF THE A’ITORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable William J. Lawson 

Secretary of State 

Austin, Texas 

Deer mm LeTSOlt~ 

"The Act does not mention the granting of 

a oomutssfon, but does require that an oath be 

taken and a bond exeouted. le would appreciate 

an opinion from your Departmmt as to whether 

the aormrdssion should be executed by this Department or whether it should be 

'the &oard of Water En&Lneore.* 

exeouted by 
. 

Ronorable William J. Larson - page 2 

Article 2040 of the Revised Ctvil Statutes of 

Texas, declsrest 

*The Governor shall comdsslon all officars except Gwernor, members of Congress, 

electors for President end VfoeGPresident of 

the United States, manbars of the Legislature 

and nunicipal officers.?. 

Members of the Board oi Mreotors of ,SanJacinto 

Conservation and Reclamation gistriot, provided for In R.2. 

No. m@q, Ch. 013, dcts of the 4W.h Legislature, Regular 

Session, are officers within the meaning oi the statute 

above quoted. 

Section 6 of the Act rendet 

*The management and control of all the 

affairs of said District shell be vested in, 

a& the pevers, rights. privileges, andfun%+ 

tlons of the District shall be exercised by, 

a Board of Dlreotors OonsistSng Of six (6) 

rimnbers, all of whom shall be freehold property 

taxpayers.arrl legal voters of such District. 

Such Board of Directors shall be appointed aJ 

the State Board of Bater Rngineers as soon as' 

practicable after the Dassage of this Act, two 

(2) of the laerrbers to be appointed for a ~term 

of two (2) years, Go (2) of the members thereof to be appointed for a term of four (4) years, 

and two (2) of th8 membero thereof to be appointed for a term 0f six (6) years, and upon 

thtj oxplration of the respective terms of sazld 

firactors, the su~eessors of each and all of 

them shall be appointed by the State Board of 

Yater aginosrs thereafter for a term of six 

(6) yeara- The directors shell hold ofMce 

after their appointment and qualification until their.sucoessors .shall be appolntad'and 

qualifiad. shoulrl any vacancy occ-ur in the 

Doard of Directors, the same shall be fllled 

jn like tnanner by the State Board of Water 

i%xginoers for the unexpired term. The direotors appointed shall, uithin thirty (30) days 

after their appolntmont, qualify by taldng the 

official oath required of County Commissioners, 

.and shall execute bond in the sum of Five 

, 
hlonorable Billiam J. Lawson - page 3 

ThoasPad Dollars ($S,Doo), payable to the District, the sufficieuey of wUc.h boPd shall be 

determined by the State Board of later Engineers, 

which bonds after bsing recorded in the official 

bond records of the county in which the District 

nmintains its office shall be deposited rith the 

depository selected end apyromd for the deposit 

of the funds of the District. Provided, the 

present tioard of six (6) direotors of the San 

Jacinto River Conaerration and Reclamation Mstriot, appointed nuder the authority of Chapter 

4~~3, Acts of the Regular Session of the Fortyfifth Legislature shall continue to serve as 

such until the Board of Mreetore appointed by 

the State Boa* of Water Rngineers as herein provided has quallfis&* 

The direotorft therein mentioned are not uxme employees, but they are,offioere with edsduistratite parers, 

and as such officers they should be comsdssinued by the 

Governor es other public effioers are cooanissioned.