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## 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 andWildlife Commissionwithout abolishing thepresent commission. Dear Senator Connally: (Art.978f-3a, V.P.C,) The Senate Parks andWildlife Committee, ofwhich you are Chairman, has asked our opinion as follows:

"Can thepresent membership of a State Commission be enlarged in itsmembership without abolishing thepresent membership of the Commission?" The statute creating thepresent Commission and its Department is found inArticle 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 thisAct, the Game and Fish Commission shall be reconstituted and known as the 'ParksandWildlife Department', which shall be under thepolicy direction of aCommission which shall consist of three (3)members, one (1)ofwhom shall be designated by the Governor as Chairman. Themembers of the Parks and Wildlife Commission shall be appointed by the Governor, which appointments shall bewith the advice and consent of two-thirds (2/3)of theMembers of the Senate present, if in Session, and ifnot in Session, the Governor shall appoint suchMembers and issue

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acommission to them asprovided by law, and their appointment shallbe submitted to thenext Session of the Senate for their advice and consent in themanner that appointments to fillvacancies under the Constitution are submitted to the Senate. The Governor shall appoint the members of the Parks andWildlife 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 thevacating 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. Themembers of said Commission shall be reimbursed for their actual expenses incurred in attending meetings, and shall be paid aper diem as set out in the General Appropriations Act. The Commission shallmeet as often as itdeems necessary, but shallmeet at least once every quarter of the year. "Sec. 2. The term of office of thepresentmembers of the Game and Fish Commission shall expire with the effective date of thisAct; provided, however, that this provision shall not preclude the Governor from appointing one (1) ormore members to the Parks and Wildlife Commission provided for in Section 1 of thisAct. "Sec. 3. The Parks and Wildlife Commission shall have thepower and authority to appoint an Executive Director who shall be the chief executive officer of the Parks andWildlife Department and

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

shallperform its administrative duties. Such Executive Director shall have authority to appoint such heads of divisions, game and fishwardens, park managers, and other employees asmay be authorized by appropriations therefor and asmay be deemed necessary for executing, administering and carrying out the duties and services authorized by law tobeperformed by the Parks andWildlife 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 thewill 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 thepresent Commission membership can be constitutionally increased without abolishing it and creating an entirely new one. We hold that the Legislature may increase membership on thepresent Parks and Wildlife Commission.
Ithas been held thatwhere the office ispurely statutory, it iswithin thepowers of the Legislature to abolish an office or aboard and create new ones. 47Texas Jur.2d, Public Officers, Sec. 53, 54,pages 78-79. Terms of statutory officers orboard members may be shortened or lengthened by the Legislature. 47Tex.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 thepower to enact any lawnot in conflict with the state or federal constitutions, or federal laws. 53 Tex.Jur.Zd, Statutes, Sec. 33,pages 58-59; DeShazo v. Webb, 131Texas 108, 113 S.W.2d 519 (1938). It can change the law at any time. SanAntonio &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.

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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 thepower of the Legislature to add additional members on such a statutory board or Commission as the Parks and Wildlife Commission, theproposed statute is constitutional.

SUMMARY ------- The Legislature can constitutionally increase themembership of aboard or commission as the Parks andWildlife Commission by ing new members.
Yours very truly,
CRAWFORD C.MARTIN Attorney General of

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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

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