The Attorney General of Texas 

December 6, 1977 

JOHN L. HILL 

Attorney General 

Honorable Gibson D. Lewis Opinion No. H- 1100 

Committee on Intergovernmental 

Affairs Re: Election of chairman 

House of Representatives of the Texas Historical 

Austini Texas 76111 Commission. 

Dear Representative Lewis: 

You have requested our opinion regarding the election 

of a chairman of the Texas Historical Commission. Article 

6145, V.T.C.S., provides, in section 3: 

The Commission shall hold regular meetings in January, April, July, and October 

of each year. On the first scheduled 

meeting after the effective date of this 

Act, the Commission shall select a chairman, vice-chairman, and secretary from 

its members, who shall serve until the 

January 1975 meeting and thereafter the 

Commission shall select a chairman, vicechairman, and secretary from its membership at each January meeting in odd numbered years. The Commission may hold such 

other meetings at such other times and 

places as shall be scheduled by it in 

formal sessions and as shall be called by 

the chairman of the Commission. The 

Commission shall have authority to promulgate such rules and regulations as it 

shall deem proper for the effective administration of the provisions of this 

Act. 

You state that the chairman selected in January, 1977, died 

shortly thereafter. The vice-chairman then became acting 

chairman, but the Commission subsequently held a special 

election to fill the vacancy, and selected another individual 

as chairman. You ask whether it was authorized to do so. 

P. 4512 
Honorable Gibson D. Lewis - page 2 (H-1100) 

Although it is specifically empowered to select officers 

only in January of odd-numbered years, article 6145 also authorizes the Commission "to promulgate such rules and regulations 

as it shall deem proper for the effective administration of 

the provisions of this Act." In Attorney General Opinion H-955 

(1977) at 4, we held that, "absent legislative direction," the 

Texas Youth Council could "reduce the term of its chairman, and 

restrict the number of successive terms an individual may 

,erve as chairman." (Emphasis in original). Article 6145 likewise does not address the question of vacancies among officers. 

In our opinion, the absence of legislative direction regarding 

this contingency, when considered together with the rule-making 

power of the Commission, furnishes sufficient basis for the 

Commission to promulgate a regulation providing for a special 

election to fill the unexpired term of an officer. 

In our view, such a rule may be made applicable to the 

term of the present chairman. Attorney General Opinion H-955 

(1977). In the absence of such a rule, however, we believe 

that the vice-chairman should continue to serve as acting chairman. 

SUMMARY 

The Texas Historical Commission may promulgate a rule providing for a special election 

to fill a vacancy in the office of chairman, 

and may make it applicable to the term of the 

present chairman. In the absence of such a 

rule, the vice-chairman should serve as acting chairman. 

OHN L. HILL 

General of Texas 

Opinion Committee 

jst 

P. 4513