April 9, 1975

The Honorable Thomas W. Brown Opinion No. H- 578 Director, Texas Board ofPrivate Investigators and Private Security Re: Whether aperson who is a Agencies member ofa state board and 959 Reinli, Suite 201 who was required atthe time Austin, Texas 78751 ofhis appointment to represent a certain profession can continue to serve onthe 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 ofthe Texas Department ofPublic Safety, the Attorney General, “one City or County Law Enforcement Officer,” two members appointed by the Governor “who are citizens ofthe United States and residents ofthe State of Texas.” and three members appointed by the Governor

“who are licensed under this Act, who have been engaged for aperiodof five consecutive years as a private investigator, private guard, or as alaw 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 1969and in 1972the person about whom you inquire was added. At that time he was the only member ofthe Board who was serving as acity or county law enforcement officer. He has subsequently resigned that position to enter private life and has accepted aposition with the campus police ofa state university. You have asked whether or not he may continue to serve outhis term as a Board member. Although he was not so designated at the time ofhis appointment, we must assume that the man in question was appointed by the Governor tofill 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 aperson meeting the qualifications for a particular office atthe time of his appointment butlater giving upthose qualifications nevertheless may continue in office.
Inthe very recent case ofPhagan v. State, 510S.W. 2d655 (Tex. Civ. App. --Ft. Worth 1974, writ ref ’d., n.r.e. 1, itwas held that a district attorney who, during the term ofhis office was disbarred, was properly removed from office

p. 2578The 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 ofhis election did not specify that loss of that qualification would work aforfeiture of office. Surely, the Legislature, in specifically calling for varying qua6fications , for members ofyour Board, intended that those qualifications be represented - on the Board. And, following the dictates of the Phagan case, when a person nolonger meets the qualifications for aposition onthe Board, it must be held that he loses his right to serve and the position is vacated.
In answer toyour question, therefore, it is our opinion that aperson 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 atthe time ofhis 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, 324S.W.2d 298 (Tex. Civ.App. --Houston 1959, nowrit): 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 ifhe or she later ceases tr.possess those qualifications.

Attorney General ofTexas

DAVID M. KENDALL, First Assistant

C. ROBERT HEATH, Chairman Opinion Committee

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