March 18, 1957 

Hon. Paul Brashear, Chairman Opinion No. Ww-62 

Military and Veterans' 

Affairs Committee 

House of Representatives 

Austin, Texas 

Re: Whether or not H.B, 416, 

88 8mended, Will adversely affeot the issuance of 

bonds by the Armory Board. 

Dear Mr. Breshear: 

The question presented is whether H.B. 416, as amended by 

Committee, will affect the power to issue bonds by the 

Texas National Guard Armory Board. 

The Armory Board was created by the 44th Legislature, 1935, 

General Laws, 

cle 589Ob. 

Chapter 184, and codified by Vernon as ArtiThe Act prescribes board membership; mode of qualification 

and certification; the.means for the expression of its official acts; constitutes the board "a body politi,c and corporate," outlines its duties and powers, including that ,of 

borrowing money, issuing and selling bonds, debentures and 

other evidences of indebtedness; and prescribes f,or management and disposition of property acquired by the Board. 

Insofar as pertinent, H.B. 416, as proposed, would work 

certain changes in Section 1 of Article 5890%~. They follow In resume: 

(a) The board remains the same numerically but its 

personnel is to be changed as vacancies occur in the current 

membership. 

(b) The current statute provides for a six-year 

membership term, while H.B. 416 contains no specific term 

of years.. 

(c) Article 589Ob provides for an oath of offlce; 

H.B. 416 does not. 

Article XVI, Sections 30 and 3Oa, Constitution of Texas, 

place restrictions on terms of state offices. Section 30 
Hon. Paul Brashear - page 2 (WW-62) 

provides that the duration of all offices not fixed by the 

Constitution shall never exceed two years and excepts the 

Railroad Commission. Section 30a specifies a six-year 

term for named board members and a like term for "such 

boards as have been, or may hereafter be, established by 

law . . . " 

Generally, public offices may be classified as those civil 

and military. 42 Am,Jur., Public Officers, Sec. 17. The 

Supreme Court of Texas in Texas Net. Guard Armory Board v. 

McGraw, 132 Tex. 613, 126 S.W. 26 627 (1939), held that 

membership on the Texas National Guard Armory Board was a 

military office and, therefore, the constitutional provlsions (Article 16, Sections 30, 30-2) are not applic8ble; 

consequently, the fact that H.B. 416 imposes no fixed yearterms on board membership has no bearing on the validity of 

the organization of the Board and its power to function. 

See also Ex parte Archie Dailey, 93 Tex. Cr. R. 68, 246 S.W. 

91 (1922) 26 AIR 138. 

The reasoning of the Court in the McGraw and Dailey cases, 

supra, excludes the necessity of the prospective members 

of said Board from taking the usual constitutional oath oft 

office (required,by Article XVI, Section l), since that office is military and not civil by nature and therefore without the purview of said constitutional proviso. 

The other changes affected by H.B. 416 are minor and inconsequential insofar as they might have any possible bearing 

on the Board's bond issuing powers. 

SUMMARY 

H.B. 416, as proposed, will not adversely 

affect the issuance of bonds by the Texas 

National Guard Armory Board. 

Very truly yours, 

GW-s 

APPROVED: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman