## THE ATTORNEY GENERAL OF TEXAS
December 24, 1986

Mr. David V. Brandon Executive Director Texas Economic Development Colmnission P. 0. Box 12728 Austin, Texas 78711 opinion No. JM-592 Re: Termof office ofmembers of the Texas World Trade Council

DearMr. Brandon: Youask whenthe terms of appointed memberspresently serving on the Texas World Trade Council will end. TheTexas World Trade Council was created by section 4(a) of article 5190.8, V.T.C.S., with power to engage in various research and education programs directed~ at enhancing the international commerce'of businesses inTexas. V.T.C.S. art. 5190.8, 55. The council includes 12members appointed by the governor with advice andconsent of the senate. Thestatute provides that the governor shall make the initial appointments to the Texas World Trade Council not later than the 90th day after the effective date of September 1. 1985. V.T.C.S. art. 5190.8, 0923(a), 24. Section 4(b) provides as follows for the expiration of terms:

(b) Members appointed to the council by the governor serve two-year terms expiring February 1 of each odd-numbered year. V.T.C.S. art. 5190.8, 54(b). You state that the initial annointments to the council were.not Mayof madeuntil 1986 and the first me'eting was not called until 1986. See V.T.C.S. art. 5190.8, 823(b) (first meeting of the to take place not later than 30th dayafter governor completes appointments). council initial

You specifically wish to knowwhenthe terms of council members begin andexpire. Youare not sure whether the present terms will end February 1, 1987or February 1, 1989. Section 4(b) of the statute provides for two-year terms expiring February 1of each year. This provision expressly fixes the beginning date and expiration date of all council terms after the initial term. After the initial terms are over. all subsequent terms will begin on

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February 2 of each odd-numbered year and end on February 1 of the odd-numbered year twoyears later. The initial term of office, however, will not last exactly two years. Thestatute contemplates that the initial appointments will be made not later than 90 days after the September 1, 1985 effective date. Even if the governor hadmadethe appointments as soon as the statute became effective, an initial term ending on February 1, 1987 would last only 1year and 5 months. In the alternative, ‘if the initial terms were taken to end onFebruary 1, 1989, it would last 3 years and 5months. Given the clear legislative language as to the expiration date of aterm, it is apparent that the initial termwill not be of the sameduration asthe subsequent two-year terms. Weneed not determine when the first term began in order to decide whenit ended. But see Attorney General Opinions M-338 (1969); M-296 (1968) (rule for deciding whenatermbegins whenlegislature is silent). Arule of decision enables ustodecide between the February 1, 1987andthe February 1, 19E9expiration date:

Whereduration or term of office is question of doubt or uncertainty, the interpretation should be followed which limits office to the shortest term. Dobkins v. Reece. 17S.W.2d 81 (Tex. Civ. App. -

### FortWorth 1929; writ ref ’d) (appointment to fill vacancy); see Wright vi Adams, 45Tex. 134 (1876). The courts favor an interpretation which will return the elective or appointive power to those exercising it at the earliest opportunity. Wright v. Adams, 3; Attorney General Opinions MW-355 (1981); M-338 (1969); 

### M-296(1968). Accordingly, the initial terms of membersof the Texas World Trade Council will expire February 1, 1987. Seealso Tex. Const. art. XVI, §17 (officers shall continue toperform the duties of their offices until their successors shall be duly qualified). The appointments to the council were made later than 90 days after the effective date of the statute andappointed council members therefore will serve less than the initial term contemplated by the statute. There is, however, awell-established distinction between

the phrase, ‘term of office’ and an individual’s tenure of office. The period of time designated as a term of office maynot and often does not coincide with anindividual’s tenure of office. Spears v. Davis, 398 S.W.2d 921, 926 (Tex. 1966); see also Attorney General Opinions MW-355 (1981); M-338 (1969). The fact that the appointments to the council were made more than 90 days after the effective date of the statute does not serve to change the length of

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the term; it merely shortens the time that the appointed members may

serve onthe council. SeeAttorney General Opinion M-338 (1969). - SUMMARY The terms of appointed members presently serving as the initial appointees to the Texas World Trade Council will end February 1, 1987. Subsequent terms will begin onFebruary 2of each odd-numbered year andexpire on February 1of the odd-numbered vear twomonths in the future. Very tuly yours, 

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fLJIM MATTOX Attorney General of Texas JACKAIGHTOWER First Assistant Attorney General MARYKELLER Executive Assistant Attorney General RICKGILPIN Chairman, Opinion Committee Prepared bySusanL. Garrisoa Assistant Attorney General

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