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: Term of office of members of 

the Texas World Trade Council 

Dear Mr. Brandon: 

You ask when the terms of appointed members presently serving on 

the Texas World Trade Council will end. The Texas 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 in Texas. V.T.C.S. 

art. 5190.8, 55. The council includes 12 members appointed by the 

governor with advice and consent of the senate. The statute 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 

made until 1986 and the first me'eting was not called until May of 

1986. See V.T.C.S. art. 5190.8, 823(b) (first meeting of the 

to take place not later than 30th day after governor completes 

appointments). 

council 

initial 

You specifically wish to know when the terms of council members 

begin and expire. You are not sure whether the present terms will end 

February 1, 1987 or February 1, 1989. 

Section 4(b) of the statute provides for two-year terms expiring 

February 1 of 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 

p. 2647 
Mr. David V. Brandon - Page 2 (JM-592) 

February 2 of each odd-numbered year and end on February 1 of the 

odd-numbered year two years later. 

The initial term of office, however, will not last exactly two 

years. The statute contemplates that the initial appointments will be 

made not later than 90 days after the September 1, 1985 effective 

date. Even if the governor had made the appointments as soon as the 

statute became effective, an initial term ending on February 1, 1987 

would last only 1 year and 5 months. In the alternative, ‘if the 

initial terms were taken to end on February 1, 1989, it would last 3 

years and 5 months. Given the clear legislative language as to the 

expiration date of a term, it is apparent that the initial term will 

not be of the same duration as the subsequent two-year terms. 

We need not determine when the first term began in order to 

decide when it ended. But see Attorney General Opinions M-338 (1969); 

M-296 (1968) (rule for deciding when a term begins when legislature is 

silent). A rule of decision enables us to decide between the February 

1, 1987 and the February 1, 19E9 expiration date: 

Where duration 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. 17 S.W.2d 81 (Tex. Civ. App. - Fort Worth 1929; writ 

ref’d) (appointment to fill vacancy); see Wright vi Adams, 45 Tex. 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 

members of the Texas World Trade Council will expire February 1, 1987. 

See also Tex. Const. art. XVI, §17 (officers shall continue to perform 

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 and appointed council members 

therefore will serve less than the initial term contemplated by the 

statute. There is, however, a well-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 may not and often does not 

coincide with an individual’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 

p. 2648 
Mr. David V. Brandon - Page 3 (JM-592) 

. 

P 

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

serve on the council. See Attorney 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 on February 2 of each 

odd-numbered year and expire on February 1 of the 

odd-numbered vear two months in the future. 

Very t uly yours, J fLJIM MATTOX 

Attorney General of Texas 

JACK AIGHTOWER 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Susan L. Garrisoa 

Assistant Attorney General 

p. 2649