- - 

THE ,~ITCBE&NEU GENERAL 

OFTEXAS 

Hon. Wayne W. Connally, Opinion No. M-852 

Chairman 

Parks & Wildlife Committee Re: Constitutionality of inState Senate Chamber creasing Membership of the 

Austin, Texas 78711 Parks and Wildlife Commission without abolishing 

the present commission. 

Dear Senator Connally: (Art. 978f-3a, V.P.C,) 

The Senate Parks and Wildlife Committee, of which you 

are Chairman, has asked our opinion as follows: 

"Can the present membership of a State 

Commission be enlarged in its membership 

without abolishing the present membership of the Commission?" 

The statute creating the present Commission and its 

Department is found in Article 978f-3a, Vernon's Penal 

Code of Texas. 

Sections 1 through 3, inclusive, of this statute read 

as follows: 

"Section 1. From and after the effective 

date of this Act, the Game and Fish Commission shall be reconstituted and known 

as the 'Parks and Wildlife Department', 

which shall be under the policy direction 

of a Commission which shall consist of 

three (3) members, one (1) of whom shall 

be designated by the Governor as Chairman. 

The members of the Parks and Wildlife Commission shall be appointed by the Governor, 

which appointments shall be with the advice and consent of two-thirds (2/3) of 

the Members of the Senate present, if in 

Session, and if not in Session, the Governor shall appoint such Members and issue 

-4137- 
Hon. Wayne W. Connally, page 2 (M-852) 

a commission to them as provided by law, 

and their appointment shall be submitted 

to the next Session of the Senate for 

their advice and consent in the manner 

that appointments to fill vacancies under 

the Constitution are submitted to the 

Senate. The Governor shall appoint the 

members of the Parks and Wildlife Commission, one (1) whose term shall expire 

February 1, 1965, one (1) whose term 

shall expire February 1, 1967, and one 

(1) whose term shall expire February 1, 

1969, or until their successors are appointed and qualified. In case of a 

vacancy in Commission membership, the 

Governor shall appoint a rep~lacement 

member to fill the unexpired term of 

the vacating member. A quorum for the 

dispatch of official business shall be 

two (2) members. Thereafter, the Governor shall appoint members for terms of 

six (6) years. The members of said 

Commission shall be reimbursed for their 

actual expenses incurred in attending 

meetings, and shall be paid a per diem 

as set out in the General Appropriations 

Act. The Commission shall meet as often 

as it deems necessary, but shall meet 

at least once every quarter of the year. 

"Sec. 2. The term of office of the present members of the Game and Fish Commission shall expire with the effective 

date of this Act; provided, however, 

that this provision shall not preclude 

the Governor from appointing one (1) 

or more members to the Parks and Wildlife Commission provided for in Section 

1 of this Act. 

"Sec. 3. The Parks and Wildlife Commission shall have the power and authority to appoint an Executive Director 

who shall be the chief executive officer 

of the Parks and Wildlife Department and 

-4138- 
. - 

Hon. Wayne W. Connally, page 3 (M-852) 

shall perform its administrative duties. 

Such Executive Director shall have authority to appoint such heads of divisions, 

game and fish wardens, park managers, and 

other employees as may be authorized by 

appropriations therefor and as may be 

deemed necessary for executing, administering and carrying out the duties and services authorized by law to be performed 

by the Parks and Wildlife Commission and 

the Parks and Wildlife Department. The 

Executive Director shall serve at the 

will of the Parks and Wildlife Commission. 

All other employees shall serve at the will 

of the Executive Director. 

We are not concerned in this opinion with the existing statutory relations between the Commission and the 

Department, but only with whether the present Commission 

membership can be constitutionally increased without abolishing it and creating an entirely new one. 

We hold that the Legislature may increase membership 

on the present Parks and Wildlife Commission. 

It has been held that where the office is purely statutory, it is within the powers of the Legislature to abolish an office or a board and create new ones. 47 Texas 

Jur.2d, Public Officers, Sec. 53, 54, pages 78-79. Terms of 

statutory officers or board members may be shortened or 

lengthened by the Legislature. 47 Tex.Jur.2d, Public Officers, Sec. 38, page 58; Popham v. Patterson, 121 Texas 615, 

51 S.W.2d 680 (1932). This rule does not apply in the case 

of officers fixed by the Texas Constitution. Cowell v. 

Ayers, 110 Texas 348, 220 S.W. 764 (1920). 

The Legislature has the power to enact any law not in 

conflict with the state or federal constitutions, or federal 

laws. 53 Tex.Jur.Zd, Statutes, Sec. 33, pages 58-59; DeShazo 

v. Webb, 131 Texas 108, 113 S.W.2d 519 (1938). It can change 

the law at any time. San Antonio & A.P.R. Co. v. State, 128 

Texas 33, 95 S.W.2d 680 (Tex.Com.App. 1936). It can suspend 

laws. Texas Const. Art. I, Sec. 28; 53 Tex.Jur.Zd, Statutes, 

Sec. 37, page 68. 

-4139- 
Hon. Wayne W. Connally, page 4 (M-852) 

We find nothing in the Texas Constitution which prohibits adding members to a state board or Commission, and 

we therefore hold that since the Texas Constitution does 

not prohibit or limit the power of the Legislature to add 

additional members on such a statutory board or Commission 

as the Parks and Wildlife Commission, the proposed statute 

is constitutional. 

SUMMARY ------- 

The Legislature can constitutionally increase 

the membership of a board or commission 

as the Parks and Wildlife Commission by 

ing new members. 

Yours very truly, 

CRAWFORD C. MARTIN 

Attorney General of 1 

such 

addTexas 

NOLA WHITE 

First Assistant 

Prepared by Roger Tyler 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Malcom Smith 

Scott Garrison 

V. F. Taylor 

James Quick 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

-4140-