## THEATTORNEY GENERAL OFTEXAS

November 23, 

## 1960

HonorableWesley Roberts, Chairman House Committeeon Saving Taxes Lameea, Texas. Opinion iqo. 

## w-963
Re: Dear Mr. Roberts: Your requestfor an opinion
"Iam chairman of the -. - . . House Committee committee, creaton Saving Taxes, an interim ed by HSR 152 of the 1st Called Session of the 56th Legislature. Term of office of members of the House Committee on SavingTaxes. reads as follows:

."A11of the members of my committeewere candidates for re-nominationand all were successful. Iwould appreciate knowingwhen the term of office of each of the members of my committee expires, and whether or not each member of the legislaturecontinues to serveuntil his successorqualifiesby taking the Constitutional Oath of Office."
House Simple Resolution 152, referred to in your request, createsa committee of five members of the House of Representativesto be known as the Committee on Savi.ng Taxes and provides that such committee shall cont3.iiu. until the convening of the 57th Legislatureand, therefore, constitutesan interim committee of the 56th Legislature. Attorney General'sOpinion ~~-811 (1960). Section 4 of Article III of the Constitutionof Texas provides: "Themembers of the House of Representatives shallbe chosenby the qualified electors> and their term of office shall be two years f:?>il: the day of their election."HonorableWesley Roberts,page 2 (ww-963)

Section 17 of Article XVI of the Constitutionof Texas provides: "Allofficerswithin this State shall continue to perform the duties of their officesuntil their successors shallbe duly qualified."
It was held in Attorney General's OpinionsV-788 (19&g),v-760 (1949)and 1298 (lgl$,found in "Reports and Opinions of the Attorney General," 1914-16,page 505), that the provisions of Section 4 of Article III and Section 17 of Article XVI, above quoted,are to be construed together and the term of office as a member of the Legislature only expires after the successorhas duly qualified by taking the oath of office. Under the provisions of Section 4 of Article III of the Constitutionof Texas, the successormay qualify on the day of his election. Thus, assuming that the members of your committeeare reelected, they will serve during the term of office as members of the Legislature until the convening of the 57th Legislature. Article 5429e,#Vernon'sCivil Statutes,provides: "Themembership of any duly appointed Senator or Representative on the Legislative, Budget Board or on the Legislative Council, or on any other interim Committee, shall, on the following contingencies,terminate,and the vacancy created thereby shallbe immediately filled by appointment for the unexpired term in the samemanner as other appointments to the Legislative Budget Board and the Legislative Council are made: "(a) Resignation of such membership; (b) Cessation of membership in the Legislature for death or any reason; (c) Failure of suchmember to secure nomlnation or election to membership in the Legislature for the next succeedingterm." It is noted that the provisions of Article 5429e govern the term of office of the membership on interim committees of the Legislature, such as your committee,- --

HonorableWesley Roberts, Page 3 (W-963)

and in addition to the provisions of Subdivisionb, providing for the termination of membership on a committee on the cessation of membership in the Legislature, Subdivision c also provides that failure of suchmember to secure election to membership in the Legislature for the next succeedingterm will result in termination of the membership on the committee. Therefore,you are advised that if any member of your committee is not reelected,his membershipwill ceasewhen the canvass of the returns of the General Election reveals that he has not securedelection to membership in the 57th Legislature. You are therefore advised that each member of your committee continues to serveuntil his fies by taking the constitutionaloath til convening of the 57th Legislature. successorqualiof office or unSUMMARY Each member of the House Committee on Saving Taxes createdby House Simple Resolution 152 of the First Called Session of the 56th Legislature, 1959, continues to serve until his successorqualifiesby taking the constitutionaloath of office or until convening of the 57th Legislature. Section 4 of Article III and Section 17 of Article XVI, Constitutionof Texas. Yours very truly,
WILL WILSON Attorney General of Texas

JR:ms:zt APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Martha Joe Stroud Howard Mays Martin DeStefano Robert A. Rowland REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore