OFFICE Ok THE AlrOdNEY GENERAL OF TEXAS 

. 

AUSTIN 

xonomblo J%rt Ford Adzinistmtor 

lkmis Liquor Con& Eonrd 

* 

of the Texts Liquor 

ation In the Con;- 

lxe that he was 

11, 1941, Horowblo Yt'. Lee O*BnioJ., 

ems, addressad the follcxLng EOSsage to the Sonata of tie 47th Lsgislat~~ra: 

I .&s)E. tho odoics, cnn::cnt and con- 

.P$rr;ation of t&c Senate to the foll.o:?itig 

~qgolntmnt: 
, -. 

Ronorable Bert Fora, Mniniotrator, Page 2 - 

. 

.m BE A K5~?Bm OF m LI:?.uoD COlVizOL 

BOARD for the, unexpired tern ending 

Novenbor 15th 1945: 

IS, J. 'Jhvmsnd of Lufkln, Anglina County. 

. Res&~otfully sub&.ttcd 

6’. Lee O’D~niol 

Governor of Texas* 

W3net.or 1:‘. a. Towns&d iias enpointod ror 

the unexpired tom of Dr. Xr D. tidfield. Seatlon 5, fxtiole 1, Page 6, of the Texas Liquor 

Control Aat aedla f;ith the appolntnont of Jkard 

menbers and ths appolntnont of ths Chairwn for 

said Board under said Liquor Control Aot. 

UUcaer the above statemnt or facto, the 

Texas Liquor Control Board has unanl~zously re- 

~quosted that 1 secure your valued opinion es 

to who is now actually Chalman of said Board.” 

Seotion 5 or the Texas Liquor Control Act’t;o-far 

as pertinent is as r0ibi7i3a 

OFhere 1s heraby orcatea a board mea the 

‘Texas Liquor Control Board, oonsistlng of three 

(3) persons, all of whom shall be appointed by 

the Governor, by and with the advloo and ‘unsent 

of tho Sonate, and one of whoa ahall be designated 

b,y,t$e Govemor to the onaiman of the said Board, 

. . 

*Of the nX?mbars ‘initially app0inte.d eaoh 

shall hold office from the date of his cppointrnont for the .folloviin5 rospeotlvo ts~ms, and 

until thair res:eotive successors shall qualify: 

One monbor for two (2) Ware, one for four (2)) 

years, and one for sir 16) year6 r333m tho effeot$vc date of the Act, Each member nay be 

jnitially appointed on or oubsoquont to thg date 

this Act Soas into effect. I;he Governor at tho 

tine of c-akini: and announcing the appolntnent 

of mid throo (3) ncabor:8, as well as in tha 

tqmlsslon issued by him to each of thorn, shall 

d~1Gnat.o which of ncld nc?Y~rs sbsll servo for 

each of the seld respective tams, end also which 
Honorable Bert Ford, Administrator, Page 3 

shall be tho chairman’ of the Board. (1 

Prom your statecent 

16, 1939, Dr. Ti. D. Rradfield 

it appears that on Hovembor 

of Dallas Ylaa given a recess 

appointment and nomed as chairman member or the Texas Llquor Control Doard, end served as suoh until his rajeotlon 

by the Senate on April 24, 1941. It further appears that 

in the nomination of Senator %‘. J. Pavrnsend of J&kin as 

a member, tho Gorornor made no designation of chairman of 

the Board. 

Upon the rcjootlon otDr. Eradfleld, the then 

chaSi-msn of the Doard, and his consequent legal retlrament 

as a rembor of the Eoard, there remained no le@l.ly deslgnated chairman. 

. It IS the opinion of this department that the 

above-quoted statute contenplates that the selection of 

the chairman of the Roard Is to be made by the Governor, 

and though it was oontemplated, but not required, that such 

designation should be made in the nomination of the member 

ohosen to be chairman, it Is our opinion the power and 

right of the Governor to make such desl6netlon abides wi%h 

him and is not lost by his iallure to this time, to make 

such dcsiwatlo.?. ‘ihe administration of the lna would be 

trustrated under any other rule. The <touree contemplated 

by the law is of necessity that there should at all time8 

be such cholrFa, ‘and no method Y~hatsoever is preso.rlbcd 

for the oelcotlon of a ohalrmnn except by the designation 

of the Governor. 

So that, you are respzotfully advised that the 

Doard should call the Governor*8 attention to the oversight and request that hu doslgnato a chairman. This dssignatlon should be evidenced by the lo~uanco of a commls8ion recrtlng that there had been no previous designation 

of a ohairman, and that tho dcsl6neo is now a duly appolnt- 

‘sd, quaIlflod and aatln6 member of tho Roard, 

Very truly yours 

A!Pl’ORNEY GZiGRAL OF !PEZ$ 

BY 

0s:T.x APPROVEDJUN 26, 1941 

GENXRAZ OF Tz;{~,s