OFFICE OF ‘THE A’ITORNEY GENERAL OF TEXAS 

AUSTIN 

Honotiable James X. Perkins, &ember 

Board of bianagers 

Texas State Railroad 

Rusk, Texas 

Dear Ur. Perkins; 

of the 

Board 

State 

We have your 

ment with respmt to 

Texas State Xailroad. 

nion from this departot the Board of 

Legislature, Be 

9, Chapter 3, 38th 

of the State of 

appoint tvo men 

anagment and prats, aud to appoint a 

together dth the 

constitute the Board 

Texas State Sailroad, vhich 

e manner and as provided by 

and pleuary control and manstate hailrosd. The mmall serve vlthout pay exneteseary expenses as mar 

Fthem while in the performance 

of' their duties as memt~ers of said Board of 

biannger s . And should there become a vacancy 

in the Board of Akmagers thus created, the revaiuing nenher or members of the board, together 

vith the Lieutenant Governor of Texas, shall in 

uritlng designate a proper person to fIl1 such 

vacancy t which +?mber so selected shnll be clothed 

with all the powers of the original member whose 

place he is selected to fill.m 
. 

784 

Honorable James I. Perkins - paga 2 

This Section was an amendment of a previous 

uot, and therefore takes the plaoe of the smended gtatute, ard constitutes the authority for the appointment 

of the hoard of Uanagers. 

We are unable to name a specific day on vhich 

the tenures began, for the wont of authoritative information an to the day on vhich the first Board was appointed 

and qunlified. The act took ePfect January 16, 1922, It 

Is silent as to the beginnilyj of the term, and is like- 

-rise silent as to the tenure. 

Section 30 of Article XVI of tho Constitution 

declares; 

l Ihe duration of all offices not fixed 

by this Constitution shall nwer exoeed two 

(2) years. * * * .' 

liembera of the Iioard of Atanagers of TexasState 

Railroad are officers, ho1d.i~ an Office within the meaning of this Constitution, since they perform some of the 

governmental Punctions of the Stat0 for a time or tenure, 

involving the element of permanence, as oontra-distinguished 

from mere em.ployeos, and although the provision of Section 

22 abwe quoted does not mandatorily require the tenure, 

under such ciraumstances to be full two years, nevertheless 

re think it is Pairly.aontemplated by Senate Bill No. 69 

that such members should hold for the term of tvo years. 

It has been the uniform holding of this department, 

under circumstances ouch as are proscntcd hero, that the beginning of the term of offiaers or Board members is the day 

of the appointment of the first officer or member. The term 

beginning in this vay rould necessarily expire at nidnight 

before the same calendar day tu0 years thereafter. In other 

words * two calendar years after the day of the first appointment, the office becomes vacant for the appointment of a successor, the former member, hovwor, by reason OP another oonstitutionol provision holding wer until the appointment and 

quallficatlon of his successor. So that, every two years 

Prom and aPter the date of the first appointments to your 

Board the offices Of members thereOf will be vacant for appointments to fill such vacancies. 
785 

oonneotion yuu are ad~leed 

appliocssto pfmb tscobera~p