TEE ATTORNEY GENERAL 

OF TEXAS 

June 5, 1987 

Mr. Bob E. Bradley 

Executive Director 

Texas State Board of 

Public Accountancy 

1033 La Posada, Suite 340 

Austin, Texas 78752 

Opinion No. JM-720 

Re: Whether section 4(d) of article 

41a-1. V.T.C.S., makes a member of 

the State Board of Public Accountancy 

ineligible for reappointment 

Dear Mr. Bradley: 

You ask whether a member of the Board of Public Accountancy is 

barred from reappointmrnt by the following provision of The Public 

Accountancy Act of 1979: 

A board member who has served as a member for 

six consecutive years shall not be eligible for 

reappointment until two years shall have elapsed 

between the end of the term of his last prior 

appointment and the beginning of the term of a new 

appointment. 

V.T.C.S. art. 41a-1. 54(d). See Attorney General Opinion C-171 (1963). 

The term of office of a board member is six years. V.T.C.S. art. 

41a-1, 14(a). 

The board member you inquire about was appointed by the governor 

to the Board of Public Accountancy on May 12. 1981, to a term ending 

on January 31. 1987. Thus, he had served as a board member for iess 

than six consecutive years when his term came to an end on January 31, 

1987. Section 4(d) of article 41a-1, V.T.C.S., did not therefore 

render him ineligible for reappointment upon the expiration of his 

term. 

The board member's term has already ended, and he has continued 

to serve in a holdover capacity as required by article XVI, section 

17. of the Texas Constitution. We will consider whether this service 

will affect his eligibility for reappointment. Article XVI. section 

17, of the Texas Constitution provides as follows: 

All officers within this State shall continue 

to perform the duties of their offices until their 

successors shall be duly qualified. 

Tex. Const. art. XVI, 517. See also V.T.C.S. art. 41a-1, 54(a) (each 

board member shall continue until a succsssor is appointed). The 

purpose of section 17 is "to prevent a break in the public service and 

p. 3348 
Mr. Bob E. Bradley - Page 2 (m-720) 

to insure continuity by requiring all officers, after their respective terms of office had expired" to continue to serve until their 

successors had qualified. Underwood v. Childress Independent School 

District, 149 S.W. 773, 774 (Tex. Civ. App. - Amarillo 1912, writ 

dism'd). While the officer is holding over, there is a vacancy in 

office which may be filled by the appropriate authority. State v. 

Catlin, 19 S.W. 302 (Tex. 1892). 

In our opinion, the "six consecutive years" in article 41a-1, 

section 4(d), must be served in a six year term. The gap of two years 

required between six year terms served by one person is measured from 

the end of one term to the beginning of another, suggesting that the 

legislature had in mind a six year term, and not six years served 

partially as an officeholder and partially as the holdover occupant of 

a legally vacant office. Moreover, the prohibition in section 4(d) 

was adopted only two years after board members' terms were lengthened 

from two to six years, with a transition period requiring two or four 

year terms for some board members. Acts 1961, 57th Leg., ch. 289, 53, 

at 608, 609; Acts 1959, 56th Leg., ch. 493, 91, at 1082. Thus, the 

legislature may have used the language "six consecutive years" instead 

of "a six year term" to include board members who had served six years 

in two or three terms. Service by the board member after January 31, 

1987. in a holdover capacity will not be considered in determining 

whether he may be reappointed to the board. 

If the board member is reappointed, he will hold office for a 

term beginning on February 1, 1987, and ending on January 31. 1993. 

Ills tenure of office during the second term would be six years, 

whether he was reappointed on February 1, 1987. or after May 12, 1987 

following service in a holdover capacity. Our conclusion that the 

board member's service in a holdover capacity does not contribute to 

his "six consecutive years” service provides for consistent treatment 

of board members. Those whose reappointment is delayed through the 

governor's inaction will be treated consistently with those who are 

reappointed upon the expiration of their terms. Our construction thus 

reaches a fair result without undermining the purposes of section 4(d) 

of article 41a-1, V.T.C.S. 

SUMMARY 

Section 4(d) of article 41a-1, V.T.C.S.. The 

Public Accountancy Act of 1979, applies to board 

members who have served a full six year term and 

bars them from reappointment to the board until 

two years have elapsed from the end of that term. 

JIM MATTOX 

Attorney General of Texas 

p. 3349 
Mr. Bob E. Bradley - Page 3 (~~-720) 

JACK HIGHTOWEB 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Susan L. Garrison 

Assistant Attorney General 

p. 3350