. 

JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. Box 12548 

Austin. TX. 76711. 2548 

5121475.2501 

Telex 9101874.1367 

Telecopier 5121475.0266 

714 Jackson. Suite 700 

Dallas. TX. 75202.4506 

2141742~8944 

4824 Alberta Ave.. Suite 160 

El Paso, TX. 79905.2793 

915/533-3464 

,-II Texas, Suite 700 

.~uston, TX. 77002-3111 

7131223-5886 

606 Broadway. Suite 312 

Lubbock, TX. 70401-3470 

8061747.5236 

4300 N. Tenth, Suite 6 

McAllen. TX. 78501.1665 

512,662.4547 

200 Main Plaza, Suite 400 

San Antonio, TX. 78205.2707 

5121225-4191 

An Equal OpportunityI 

Affirmative Action Employer 

rThe Attorney General of Texas 

November 9. 1983 

Ms. Edna A. Parsons 

Executive secretary 

Opinion NO.JM-89 

Texas Board of Chiropractic Examiners 

1300 E. Anderson Lane 

Building C, Suite 245 

Austin, Texas 78752 

Re: Expiration date of 

terms of members of Board 

of Chiropractic Examiners 

Dear Ms. Parsons: 

You have asked whether the expiration date of the terms of office 

for the members of the Texas Board of Chiropractic Examiners Is 

determined by the date of the first appointment. the legislative 

enactment date, or the recent legislative extension date. 

The Texas Board of Chiropractic Examiners [board] was created by 

the Fifty-first Legislature when House Bill No. 721 became effective 

April 27, 1949. Four months later, on August 4, 1949, the first 

members to serve on the board were appointed. Since that time, the 

board has recognized August 3 as the expiration date of the terms of 

its members. 

Some twenty years later, Attorney General Opinion M-338 (1969) 

held that 

[t]he commencement date of the term of office of 

an individual serving on a board, agency, 

commission or committee of the State of Texas, 

created by a statutory or constitutional provision 

which is silent to the commencement date of such 

terms of office, is fixed by the effective date of 

the legislative enactment or constitutional 

provision creating such office . . . . 

During the Sixty-seventh Legislature. the life of the board was 

extended by Senate Bill No. 753. This bill became effective September 

1, 1981. 

The State Auditor, following Attorney General Opinion M-338 

(19691, has previously recognized April 26 as the expiration date of 

the terms to which the board’s members were appointed because April 27 

was the effective date of the original statute. He Is now uncertain 

p. 379 
Ms. Edna A. Parsons - Page 2 (~-89) 

as to which date should be the expiration date (I.e. April 26, August 

3. or August 31). We believe that the expiration date of the terms 

should be determined by the effective date of the legislation creating 

the board. Therefore, the expiration date should be April 26. 

Although there have been a number of Attorney General's Opinions 

that take the position that the terms of office should commence upon 

the date of the first appointment of the first board member, this 

position is appropriate only when the commencement date of the term 

cannot be determined from the language of the enactment. See Attorney 

General Opinion M-338 (1969). Article 4512b, section 3(a).V.T.C.S.. 

stated: 

A Board to be known as 'The Texas Board of 

Chiropractic Examiners' is hereby created. No 

member of said Board shall be a member of the 

faculty or Board of Trustees of any chiropractic 

school; and all appointments to said Board shall 

be subject to the confirmation of the Senate. The 

Texas Board of Chiropractic Examiners, which 

hereinafter may be referred to as 'The Board,' 

shall be composed of nine (9) members whose duty 

it shall be to carrv out the ournoses and enforce 

the provisions of this Act, *and the Governor of 

Texas shall, upon the taking effect of this As 

appoint nine (9) graduate chiropractors to 

constitute such a Board, who shall have been 

. 

residents of this State, actually engaged in the 

practice of chiropractic as defined in this Act, 

for at least five (5) years immediately preceding 

the passage of this Act . . . . (Emphasis added). 

See Acts 1949, 51st Leg., ch. 94, p. 160. Since this statute called 

for the governor to appoint the board members "upon the taking effect 

of this Act," the intention of the legislature was for the term to 

begin on April 27, the effective date of the act. 

In addition. Attorney General Opinion M-338 (1969) overruled 

prior opinions as they were in conflict with its holding that the 

commencement date of a term of office is fixed by the effective date 

of the legislative enactment. As Attorney General Opinion M-338 

stated! 

]I]t would appear that a board . . . created by 

s . . . statutory enactment of the Legislature 

would come into existence on the effective date of 

the . . . statutory enactment. In turn, it would 

likewise seem to follow that any appointive 

positions upon a board , . . would come into 

p. 380 
. , 

Ms. Edna A. Parsons - Page 3 (X3-89) 

existence on the effective date of the statutory 

enactment . . ., unless otherwise provided. 

(Emphasis added). 

Attorney General Opinion M-388 set forth two rules, the first of which 

stated that where the enactment that created the board provided for 

staggered terms for the members of the board, then the legislature, 

absent any indication to the contrary, intended the commencement date 

of the term to be the effective date of the enactment creating the 

position. This was the holding of Attorney General Opinion M-296 

(1968) and was reaffirmed by Attorney General Opinion M-338. 

Therefore, it has long been the opinion of this offfce that the term 

of a position commences on the date of the legislative enactment, 

absent any indication to the contrary. 

The third expiration date in question arises as a result of the 

sunset legislation by the Sixty-seventh Legislature, effective 

September 1, 1981. These amendments should not change the appointment 

date in question, since as stated in Attorney General Opinion M-338, 

an amendment to the statutory . . . provision 

creating . . . a board . . . does not change the 

commencement date of the terms of office of the 

members of such . . . board . . . unless such 

amendment clearly has as its purpose such a 

change. (Emphasis added). 

The legislation does not express a "clear purpose." The Bill Analysis 

to Committee Substitute Senate Bill No. 753, states under purpose: 

[ulnder the Texas Sunset Act (Article 5429k, 

V.T.C.S.) the Texas Board of Chiropractic 

Examiners is scheduled to be abolished unless 

continued by Legislatf,ve action. C.S.S.B. 753 

would continue the Board of Chiropractic Examiners 

as the policy making. examining and licensing body 

for chiropractic. (Emphasis added). 

Bill Analysis to Senate Bill No. 753, prepared for Senate Committee on 

Government Organization, filed in Bill File to S.B. No. 753 (bill 

extending the life of the Texas Board of Chiropractic Examiners), 

Legislative Reference Library. Therefore, it is clear that the intent 

of the Sixth-seventh Legislature was only to "continue" the board. 

Since this legislation only "continued" the board and in no way 

"re-created" it the requirement set forth by Attorney General Opinion 

M-338 is not met. 

p. 381 
. 

Ms. Edna A. Parsons - Page 4 (~~-89) 

SUMMARY 

The terms of the members of the Texas State 

Board of Chiropractic Examiners are to expire on 

April 26, ns determined by the enactment date of 

the legislation that created the board. 

J I-M MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gllpin, Chairman 

Jon Bible 

David Brooks 

Colin Carl 

Susan Garrison 

Jim Moellinger 

Nancy Sutton 

p. 382