THEATTORNEY GENERAL 

OFTEXAS 

November 23, 1960 

Honorable Wesley Roberts, Chairman 

House Committee on Saving Taxes 

Lameea, Texas. 

Opinion iqo. w-963 

Re: 

Dear Mr. Roberts: 

Your requestfor an opinion 

"I am chairman of the -. - . . 

House Committee 

on Saving Taxes, an interim committee, created by HSR 152 of the 1st Called Session of 

the 56th Legislature. 

Term of office of members 

of the House Committee on 

Saving Taxes. 

reads as follows: 

."A11 of the members of my committee were 

candidates for re-nomination and all were successful. I would appreciate knowing when the 

term of office of each of the members of my 

committee expires, and whether or not each member of the legislature continues to serve until 

his successor qualifies by taking the Constitutional Oath of Office." 

House Simple Resolution 152, referred to in your request, creates a committee of five members of the House 

of Representatives to be known as the Committee on Savi.ng 

Taxes and provides that such committee shall cont3.iiu. 

until the convening of the 57th Legislature and, therefore, constitutes an interim committee of the 56th Legislature. Attorney General's Opinion ~~-811 (1960). 

Section 4 of Article III of the Constitution of Texas 

provides: 

"The members of the House of Representatives shall be chosen by the qualified electors> 

and their term of office shall be two years f:?>il: 

the day of their election." 
Honorable Wesley Roberts, page 2 (ww-963) 

Section 17 of Article XVI of the Constitution of Texas 

provides: 

"All officers within this State shall 

continue to perform the duties of their offices until their successors shall be duly 

qualified." 

It was held in Attorney General's Opinions V-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 successor has duly qualified 

by taking the oath of office. 

Under the provisions of Section 4 of Article III of 

the Constitution of Texas, the successor may qualify on 

the day of his election. Thus, assuming that the members of your committee are reelected, they will serve 

during the term of office as members of the Legislature 

until the convening of the 57th Legislature. 

Article 5429e, #Vernon's Civil Statutes, provides: 

"The membership 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 shall be immediately 

filled by appointment for the unexpired term in 

the same manner 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 such member to secure nomlnation or election to membership in the Legislature for the next succeeding term." 

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, 
- -- 

Honorable Wesley Roberts, Page 3 (W-963) 

and in addition to the provisions of Subdivision b, providing for the termination of membership on a committee 

on the cessation of membership in the Legislature, Subdivision c also provides that failure of such member to 

secure election to membership in the Legislature for 

the next succeeding term 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 membership will cease when the canvass 

of the returns of the General Election reveals that he 

has not secured election to membership in the 57th Legislature. 

You are therefore advised that each member of your 

committee continues to serve until his 

fies by taking the constitutional oath 

til convening of the 57th Legislature. 

successor qualiof office or unSUMMARY 

Each member of the House Committee on Saving Taxes created by House Simple Resolution 152 of the First Called Session of the 

56th Legislature, 1959, continues to serve 

until his successor qualifies by taking the 

constitutional oath of office or until convening of the 57th Legislature. Section 4 

of Article III and Section 17 of Article XVI, 

Constitution of 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