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OFFICE OF THE A’ ITORNEY GENERAL OF TEXAS
AUSTIN

HonorableWilliam J. Lawson Secretaryof 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

shouldbe executedby this Department or whether it shouldbe 'the&oard of Water En&Lneore.* exeoutedby.

RonorableWilliam 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, electorsfor Presidentend VfoeGPresidentof the United States, **manbars** of the Legislature and nunicipalofficers.?.

Members of the Board oi Mreotors of ,SanJacinto Conservation

and Reclamationgistriot, providedfor In R.2. No. m@q, Ch. 013, dcts of the 4W.h Legislature, Regular Session,are officerswithin the meaning oi the statute above quoted.

Section 6 of the Act rendet
*The managementand 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 OonsistSngOf six (6) rimnbers,

all of whom shall be freehold property taxpayers.arrl

legal voters of such District. Such Board of Directors shall be appointedaJ the State Board of Bater Rngineers as soon as' practicable

after the Dassage of this Act, two (2) of the laerrbers to be appointedfor a ~term of two (2) years, Go (2) of the members thereof to be appointedfor 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 oxplrationof the respective terms of sazld firactors,the su~eessorsof each and all of them shallbe appointed**by** the State Board of Yater aginosrs thereafterfor a term of six (6) yeara- The directors shell hold ofMce after their appointmentand qualificationuntil 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 appointedshall, 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

ThoasPadDollars ($S,Doo),payable to the District, the sufficieueyof wUc.h boPd shallbe determinedby 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 depositedrith the depositoryselected end apyromd for the deposit of the funds of the District. Provided,the present tioard

of six (6) direotors of the San Jacinto River Conaerrationand ReclamationMstriot, appointednuder the authority of Chapter 4~~3, Acts of the Regular Session of the Fortyfifth Legislatureshall continue to serve as such until the Board of Mreetore appointedby the State Boa* of Water Rngineers as herein provided has quallfis&*

The direotorfttherein 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.