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 theTexas Youth Council limit or restrict in anyway thevoting privileges of thepresiding officer who has been selected by the Board? 2. Did the Texas Youth Council in its election of apresiding officer on November 20, 1975, elect that officer for a specific term ofyears where no reference wasmade 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 ofyears more than one year, may the Texas Youth Council Board by simple majority of a quorum alter the term of itspresiding 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 termwith the qualification that such chairman may be reelected for an additional one year term and that an individual serving as chairman may not servemore than two successive one year terms?

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

The Texas Youth Council iscreated by article 5143d, V.T.C.S., toadminister the State's correctional facilities for delinquent children and toprovide programs of rehabilitation. The Council consists of sixmembers appointed by the Governor with the consent of the Senate. Id. § 4(a). The chairman of the Council isamember of thatbody, and is elected chairman by itsmembers. Id. §§ 4(d), 5. As a member of the Council, the chairmans entitled tovote on matters before thatbody. 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 thevoting privileges of its chairman. The term of the chairman of the Texas Youth Council isnot setby statute. You have provided uswith a copy of theminutes of theMay 29, 1959,meeting of theYouth Council. That document records the actions of the Council on that date, including the following:

Themotion was made, seconded and unanimously carried that a Chairman be elected inaccordance with theprovisions ofArticle 5143d, Section 4(a) and Section 5(a) -- the term of office tobe for a two year period after which the office of Chairman will be rotated inamanner similar to that used by some other state boards and agencies. This action was taken toprovide a replacement in the office of Chairman which was vacated by the resignation ofMr. Frank M.Wilson.
Themotion wasmade, seconded and unanimously carried thatMr. W. C.Windsor, Jr. be elected Chairman for a twoyear period beginning this date.
You indicate that this represents themost 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 atvarious times within odd-numbered years. The current chairman was elected onNovember 20, 1975.

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

The duration ofvarious terms of office was discussed at length inAttorney 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 amultimember board with staggered terms of office, itappears 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 suchposition. This was soheld inAttorney 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 termbegins 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 suchposition. Id. at 11. - In the absence of Board action establishing adefinite term, we believe that the chairmanship of theCouncil is subject to the second rule stated above. Accordingly, the commencement date of the term of office of the chairman isMay 29. It isour opinion that the term of thepresent chairman will run until the commencement of the next term, onMay 29, 1977. While the present chairman did not assume that position until November 1975, the termwhich she is serving began on May 29, 1975.

Inorder to avoid confusion, a clear distinction must bemade between the phrase, 'termof officeVand 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).

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P. 3987. ..

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

Your third and fourth questions inquirewhether the Council may reduce the term of itspresiding 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, andmay restrict the number of successive terms an individual may serve as chairman. See Kennon v. Schlesinger, 182 S.W.2d 373 (Tex.Civ. App. -- SanAntoxo 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, 51S.W.2d 680 (Tex. 1932); McIner Kennon v. 670 (N.~A~.~2~p~",tv~5~~'v'8W~~~;,13~8~1~~~~~d

SC esinger

[T]helegislative power of a State, except so far as restrained by its own constitution, isat all times absolute with respect to all offices within its reach. Itmay atpleasure create or abolish them, ormodify their duties. Itmav also shorten or lengthen the term of

(1879).- The term of the chairman of theTexas 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 termwas setby resolution of the Council itself, and the Council may now alter the term ithas previously setby a similar resolution Of equal solemnity and effect. Kennon v. Schlesinger, - supra. SUMMARY The chairman of the Texas Youth Council isamember of the Council entitled tovote onmatters before the body, and the Council may not limit or restrict thevoting privileges of the chairman. The Council has heretofore set

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

the term of office of its chairman at two years, commencing on May 29of oddnumbered years, andmay likewise the chairman's term of office.

Very truly yours, reduce 

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Attorney General of Texas APPROVED: v

Opinion Committee jwb

P. 3989