April 9, 1975 

The Honorable Thomas W. Brown Opinion No. H- 578 

Director, Texas Board of Private 

Investigators and Private Security Re: Whether a person who is a 

Agencies member of a state board and 

959 Reinli, Suite 201 who was required at the time 

Austin, Texas 78751 of his appointment to represent 

a certain profession can continue to serve on the board 

Dear Mr. Brown: after he leaves that profession. 

The Private Investigators and Security Agencies Act [art. 4413 (29bb), 

V. T. C. S. ] creates the Texas Board of Private Investigators and Private Security 

Agencies composed of the Director of the Texas Department of Public Safety, 

the Attorney General, “one City or County Law Enforcement Officer,” two 

members appointed by the Governor “who are citizens of the United States and 

residents of the State of Texas.” and three members appointed by the Governor 

“who are licensed under this Act, who have been engaged for a periodof five 

consecutive years as a private investigator, private guard, or as a law enforcement officer for any city, county, or state government, or for the federal government, and who are not employed by the same person or agency as any other member 

of the board.” The initial Board was appointed in 1969 and in 1972 the person 

about whom you inquire was added. At that time he was the only member of the 

Board who was serving as a city or county law enforcement officer. He has 

subsequently resigned that position to enter private life and has accepted a p osition with the campus police of a state university. You have asked whether or 

not he may continue to serve out his term as a Board member. 

Although he was not so designated at the time of his appointment, we must 

assume that the man in question was appointed by the Governor to fill the Board 

position set aside for a city or county law enforcement officer. Assuming this to 

be true. the question you present, then. is whether or not a person meeting the 

qualifications for a particular office at the time of his appointment but later 

giving up those qualifications nevertheless may continue in office. 

In the very recent case of Phagan v. State, 510 S. W. 2d 655 (Tex. Civ. App. 

--Ft. Worth 1974, writ ref’d., n. r. e. 1, it was held that a district attorney who, 

during the term of his office was disbarred, was properly removed from office 

p. 2578 
The Honorable Thomas W. Brown, page 2 (H-578) 

by that fact alone despite the fact that the statute requiring him to be a 

licensed attorney at the time of his election did not specify that loss of 

that qualification would work a forfeiture of office. 

Surely, the Legislature, in specifically calling for varying qua6fications , 

for members of your Board, intended that those qualifications be represented - 

on the Board. And, following the dictates of the Phagan case, when a person 

no longer meets the qualifications for a position on the Board, it must be 

held that he loses his right to serve and the position is vacated. 

In answer to your question, therefore, it is our opinion that a person 

appointed to the Texas Board of Private Investigators and Private Ser;lrity 

Agencies to fill the position calling for a city or county law enforcement 

officer, though qualified at the time of his appointment, who later ceases to 

be a city or county law enforcement officer , vacates his position on the Board. 

Phagan v. State, s\lpra; Whitmarsh v. Buckley, 324 S. W. 2d 298 (Tex. Civ.App. 

--Houston 1959, no writ): Attorney General Opinion WW-1387 (1962); 47 Tex. 

Jur. 2d Public Officers §43. 

SUMMARY 

A person appointed to the Texas Board of Private 

Investigators and Private Security Agencies to fill a 

position which requires that he be a city or county law 

enforcement officer vacates the position if he or she 

later ceases tr. possess those qualifications. 

Attorney General of Texas 

DAVID M. KENDALL, First Assistant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

p. 2579