The Honorable Ron Jackson 

Executive Director 

Texas Youth Council 

P. 0. Box 9999 

Austin, Texas 78766 

Opinion No. H-955 

Re: Voting privileges 

and term of office of 

chairman of Texas Youth 

Council. 

Dear Mr. Jackson: 

You have requested our opinion on the following questions: 

1. May the Texas Youth Council limit 

or restrict in any way the voting 

privileges of the presiding officer 

who has been selected by the Board? 

2. Did the Texas Youth Council in its 

election of a presiding officer on 

November 20, 1975, elect that officer 

for a specific term of years where no 

reference was made to specific term of 

years at the time of her election? 

3. In the event that your answer to 

question number 2 is that such term is for 

a specific term of years more than one 

year, may the Texas Youth Council Board by 

simple majority of a quorum alter the term 

of its presiding officer after the election 

of such presiding officer? 

4. May the Texas Youth Council at this 

time adopt rules or by-laws which have the 

effect of limiting the next chairman to a 

one year term with the qualification that 

such chairman may be reelected for an 

additional one year term and that an 

individual serving as chairman may not 

serve more than two successive one year 

terms? 

P. 3985 
The Honorable Ron Jackson - page 2 (H-955) 

The Texas Youth Council is created by article 5143d, 

V.T.C.S., to administer the State's correctional facilities 

for delinquent children and to provide programs of rehabilitation. The Council consists of six members appointed by the 

Governor with the consent of the Senate. Id. § 4(a). The 

chairman of the Council is a member of that body, and is 

elected chairman by its members. Id. §§ 4(d), 5. As a 

member of the Council, the chairmans entitled to vote on 

matters before that body. Herring v. City of Mexia, 290 

S.W. 792 (Tex. Civ. App. -- Waco 19=, writ refm Attorney 

General Opinions WW-620 (1959); O-1716 (1939). The Council 

may not limit or restrict the voting privileges of its 

chairman. 

The term of the chairman of the Texas Youth Council 

is not set by statute. You have provided us with a copy 

of the minutes of the May 29, 1959, meeting of the Youth 

Council. That document records the actions of the Council 

on that date, including the following: 

The motion was made, seconded and 

unanimously carried that a Chairman be 

elected in accordance with the provisions 

of Article 5143d, Section 4(a) and Section 

5(a) -- the term of office to be for a two 

year period after which the office of 

Chairman will be rotated in a manner 

similar to that used by some other state 

boards and agencies. This action was 

taken to provide a replacement in the office 

of Chairman which was vacated by the 

resignation of Mr. Frank M. Wilson. 

The motion was made, seconded and 

unanimously carried that Mr. W. C. Windsor, Jr. 

be elected Chairman for a two year period 

beginning this date. 

You indicate that this represents the most recent formal 

action of the Council relative to the term of office of 

its chairman. More recent minutes indicate, however, that the 

biennial election of a chairman has occurred at various times 

within odd-numbered years. The current chairman was elected 

on November 20, 1975. 

p. 3986 
I . 

The Honorable Ron Jackson - page 3 (H-955) 

The duration of various terms of office was discussed 

at length in Attorney General Opinion M-338 (1969). That 

opinion stated general rules for determining the commencement date for terms of office in the absence of legislation: 

(1) In situations where the enactment 

creating boards, agencies, commissions 

and committees provides for a multimember board with staggered terms of 

office, it appears that the legislature, 

in the absence of anything to the contrary, 

intended that the commencement date of the 

term of office of such appointive positions 

will be the effective date of the enactment 

creating such position. This was so held 

in Attorney General's Opinion No. M-296 

(1968) and that Opinion is reaffirmed in 

this connection. 

(2) In instances where the enactment creates 

a single position and does not provide for a 

definite beginning date for the commencement 

of the term of office, the term begins on 

the date of appointment of the initial appointee 

to such position, and thereafter such date will 

govern the commencement date of subsequent terms 

of office in such position. Id. at 11. - 

In the absence of Board action establishing a definite term, 

we believe that the chairmanship of the Council is subject 

to the second rule stated above. Accordingly, the commencement date of the term of office of the chairman is May 29. 

It is our opinion that the term of the present chairman 

will run until the commencement of the next term, on May 29, 

1977. While the present chairman did not assume that position 

until November 1975, the term which she is serving began 

on May 29, 1975. 

In order to avoid confusion, a clear 

distinction must be made between the 

phrase, 'term of office V and an individual's 

tenure of office. The period of time designated 

as a term of office may not and often does not 

coincide with an individual's tenure of office. 

Spears v. - Davis, 398 S.W.2d 921, 926 (Tex. 1966). 

P. 3987 
. . . 

The Honorable Ron Jackson - page 4 (H-955) 

Your third and fourth questions inquire whether the 

Council may reduce the term of its presiding officer, and 

whether such a change may apply to the term of the present 

chairman. We believe that, absent legislative direction, 

the Council may reduce the term of its chairman, and may 

restrict the number of successive terms an individual may 

serve as chairman. See Kennon v. Schlesinger, 182 S.W.2d 

373 (Tex. Civ. App. -- San Antoxo 1944, writ ref'd w.0.m.). 

We likewise believe the Council, absent legislative direction, 

may make any reduction of the term of chairman applicable to 

the current term. Popham v. Patterson, 51 S.W.2d 680 (Tex. 

1932); McIner 

Kennon 670 (N.~A~.~2~p~",tv~5~~'v'8W~~~;,13~8~1~~~~~d v. SC esinger 

[T]he legislative power of a State, 

except so far as restrained by its own 

constitution, is at all times absolute 

with respect to all offices within its 

reach. It may at pleasure create or 

abolish them, or modify their duties. 

It mav also shorten or lengthen the term of 

(1879).- 

The term of the chairman of the Texas Youth Council 

is not set by the Constitution, cf. McGuire v. Hughes, 

452 S.W.2d 29 (Tex. Civ. App. --Dallas 1970,no writ); 

Attorney General Opinions H-564 (1975); H-220 (1974), nor 

by statute. Rather, the term was set by resolution of 

the Council itself, and the Council may now alter the term 

it has previously set by a similar resolution Of equal 

solemnity and effect. Kennon v. Schlesinger, - 

supra. 

SUMMARY 

The chairman of the Texas Youth 

Council is a member of the Council 

entitled to vote on matters before the 

body, and the Council may not limit or 

restrict the voting privileges of the 

chairman. The Council has heretofore set 

P. 3988 
The Honorable Ron Jackson - page 5 (H-955) 

the term of office of its chairman at 

two years, commencing on May 29 of oddnumbered years, and may likewise 

the chairman's term of office. 

Very truly yours, 

reduce 

JiLzGG&~~ 

Attorney General of Texas 

APPROVED: v 

Opinion Committee 

jwb 

P. 3989