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March 14, 1974 

The Honorable Betty J. Anderson 

Executive Secretary 

Opinion No. H- 255 

Texas State Board of Examiners Re: Application of House 

in the Basic Sciences Bill 1, 63rd Leg., the 

1012 Sam Houston State Office Bldg. Ethics Bill, to officers 

Austin, Texas 78701 of an agency not named 

therein. 

The Honorable W. Forrest Smith 

Chairman, Texas Youth Council 

P. 0. Box 900 

Dallas, Texas 75221 

Dear Mrs, Anderson and Mr. Smith: 

Article 6252-9b, the Ethics Law adopted by the 63rd Legislature 

(Acts 1973, ch. 421, p- 1086) lists in its Sec. 3(a) as those who are 

required to file a financial statement “every [l] elected officer. 

[Z J salarie,d appointed officer, [3 J appointed officer, of a major s$ate 

agency, and [4] executive head of a state agency . a .’ i”’ ‘Each.‘of 

these is defined in Sec. 2. 

“Set, 2. In this Act: 

“(1) ‘State officer’ means an elected officer, 

an appomted officer, or the executive head of a 

state agency as defined in t,hi.s section. 

“(2) ‘Elected officer’ means: 

“(A) a member of the l,egisl.ature; 

“(B) an executive or judicial. officer elected 

in a statewide election: 

“(C) a judge of a court of civil appeals, a 

district court, a court of domestic 

relations, or a juvenile court created 

by special l.aw: 

p. 1191 
The Honorable Betty J. Anderson 

The Honorable W. Forrest Smith, page 2 (H-255) 

‘l(D) a member of the State Board of 

Education; or 

“(E) a person appointed to fill a vacancy 

or newly created office who, if elected 

rather than appointed, would be an 

elected officer as defined in paragraph 

(A). (B). CC), or (D) of this subdivision. 

“(3) ‘Appointed officer’ means: 

“(A) the secretary of state; 

“03) an individual appointed with the advice 

and consent of the senate to the governing 

board of any state-supported institution 

of higher education: 

“CC) an officer of a state agency who is 

appointed for a term of office specified 

by the constitution or a statute of this 

state, excluding a person appointed to 

fill a vacancy in an elective office; or 

“CD) a person who i,s not otherwise within 

the definition of elected officer, appointed 

officer, or executive head of a state agency, 

but who holds a position as a member of the 

governing board or commission of a state 

agency acquired through a method other 

than appointment. 

“(4) ‘Salaried appokted offker’ means an 

appointed officer as defined in this Act who 

receives or is authorized to receive 

for his services to the state a salary as 

opposed to a per diem or other form of 

compensation. 

pe 1192 
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. 

The Honorable Betty J. Anderson 

The Honorable W. Forrest Smith, page 3 (H-255) 

“(5)(A) ‘Appointed officer of a major state 

agency’ means any of the following: 

[twenty-seven agencies are then listed including 

nei,ther the State Board of Examiners in the Basic 

Sciences nor the Texas Youth Council] 

“(6) ‘Executive head’ of a state agemy means 

the director, executive director, commissioner, 

administrator, chief clerk, or other individual 

not within the definiti,on of appointed officer 

who is appointed by the governing body or 

hi,ghest officer of the state agency to act as the 

chief executive or administrative officer of 

the agency. The term includes the chancellor 

or highest executive officer of a university 

system and the president of a public senior 

college or university as defined by Section 

61.003. Texas Education Code, as amended. 

The State Board of Examiners in the Basic Sciences consists of six 

members appointed by the Governor for a term of six years, subject t:o 

the consent and confirmation of the Senate (Article 4590~. Sec. 3. V. T. C. S. ). 

Each member ins to receive $25 per day “for each day actively engaged in 

the discharge of his duties” pl.us “actual expenditures” (Ibid., Sec. 4). 

Section 4a of the Article, added in 196’7 (Acts 1967, 60th Leg., ch. 711, 

p. 1834) directs the employment. of an Executive Secretary. 

The Texas Youth Council consists of three members appointed by 

the Governor with the consent of the Senate for terms of six years, They 

are to receive a per diem of $10 per day, not to exceed 60 days for any 

fiscal year plus actual expenses, They are to empl.oy a full-time Executive 

Director. Article 5143d. Sec. 4, ‘V. T. C. S. 

Mrs. Anderson’s question is: 

p0 1193 
The Honorable Betty J. Anderson 

The Honorable W. Forrest Smith, page 4 (H-255) 

“The members of the Texas State Board of 

Examiners in the Basic Sciences respectfully 

request your opinion as to whether or not the 

members of this Board and the employees and 

staff of this Board would be subject to the 

provisions of House Bill 1 [Article 6252-913, 

supra] by virtue of the fact that this agency is 

not named in Subsection (5)(A) of Section 2 

of House Bill 10 ” 

Mr. Smith asks: 

“My question is whether members of the 

Texas Youth Council are ‘state officers’ or 

‘appointed officers’, defined in Section 2 of 

the Act, and, if so, whether we are required 

to file financial statements as provided in 

Section 3 of the Act.” 

The members of the State Board of Examiners in the Basic Sciences 

and of the Texas Youth Council are not required to file the financial statements called for by Sec. 3 of the Ethics Act. Although they are “appointed 

officers” within the defmition of Sec. 2(31 of the Ethics Act, they are not 

elected officers, they are not salaried appointed officers and, neither 

agency being one of the twenty..seven named major state agencies, they 

are not appointed officers of a major state agency. Finally, they do not 

meet the Sec. 2 definition of executive head of a state~agency. 

Though agency members are not required to file the Sec. 3 statement, 

that circumstance does not excuse members or staff from otherwise 

complying with the Act. 

Section 5, requiring an affidati,t from an appointed officer not required 

to file a financial statement who has. acquires, or divests himself of a 

substantial interest in a business entity which is subject to regulation 

by a state agency or does business with a state agency, applies to the 

members of each board, which is not listed as a “major state agency”. 

p0 1194 
I . 

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The Honorable Betty .I. Anderson 

The Honorable W. Forrest Smith, page 5 (H-255) 

The Executive Secretary of the Board of Examiners and the Executive 

Direct or of the Youth Council, in our opinion,probably meet the Sec. 2(6) 

definition of “executive head of a state agency” and, as such, will have 

to file the financial statement reqlir~ed by Sec. 3. if in fact.. they are 

appointed “to act as the chief ~administratke or executive officer of the 

agency, ” See Attorney General Opinion No. H-190 (1973). 

Of course, all of these persons and all other empl,oyees of these 

agencies are subject to the “standards of conduct” of Set, 8 of the Act. 

SUMMARY 

The unsalaried, appointed members of a board or 

a stste agency, not name’d as a ‘major state agency” in 

the Ethics Act, Article 6252-913, are not required to 

fi1.e a fi.nanci,al statement, but are required to fi,le an 

affidavit showmg any invol.vement in regulated activities. 

The person appointed to act as the chief executive or 

admini~st:rati.ve person in such an agency is required 

to fi.le tlie financial statement. The board members, 

the execut.ive head and all other staff members and 

employees are governed by the Standards of Gonduct. 

Very truly yours, 

!iik \* ~L.-L+a- -----. 

DAVID M.. KEN 

------ 

DALL, Chai,rman 

( / Attorney General of Texas 

Opinion Committee 

p, 1195