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 BEAK5~?Bm

OFm 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 andths appolntnont of ths Chairwn for said Board under said Liquor Control Aot. UUcaerthe above statemnt or facto,the Texas Liquor Control Board has unanl~zouslyre- ~quosted that 1 secure your valued opinion es to whois nowactually 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 boardmea the

‘Texas Liquor Control Board, oonsistlng of three (3) persons, all of whomshall be appointed by the Governor, by andwith 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 cppointrnontfor the .folloviin5 rospeotlvo ts~ms, and until thair res:eotive successors shall qualify: Onemonbor for two (2) Ware, one for four (2)) years, and one for sir 16) year6 r333m tho effeot$vc date of the Act, Each membernay 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 whichHonorable Bert Ford, Administrator, Page 3

shall be tho chairman’of the Board. (1 Promyour statecent 16, 1939, Dr. Ti.D. Rradfield it appears that on Hovembor of Dallas Ylaagiven a recess appointment and nomedas chairmanmemberor 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. Pavrnsendof J&kin as a member, tho Gorornor madeno designation of chairman of the Board.Uponthe rcjootlon otDr. Eradfleld, the then chaSi-msnof 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 madeby the Governor, and though it was oontemplated, but not required, that such designation should be madein the nomination of the member ohosen to be chairman, it Is our opinion the power and right of the Governor to makesuch desl6netlon abides wi%h himand is not lost by his iallure to this time, to make such dcsiwatlo.?. ‘ihe administration of the lnawould be trustrated under any other rule. The <toureecontemplated by the law is of necessity that there should at all time8 be such cholrFa, ‘andno methodY~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 nowa duly appolnt-

‘sd, quaIlflod and aatln6 memberof tho Roard, Very truly yours A!Pl’ORNEYGZiGRAL

OF!PEZ$

BY 0s:T.x APPROVEDJUN 26, 1941

GENXRAZ

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