Texas State Board of Health AImtIn,Qixall
Atteation:Mr. lr.A. Dad81
Derr'Slr: OpinionHo. O-2805 Be' The expirationdate of the terms of membars of the State Bmrd of Health.
Ik have reoeiwd your requertto+hisdepartmentfor our opinionoa the proporitioarstated in your letter,from nhioh we quote:
wl May 20, lQS9, I mmd your Deparhmat M to the terma of offloeof tie am~&~ra of the 8tate Board of Ebakthaad was advimdthat 'Itwould be --irm porriblofor uI to rmml.$t .dthout hpordngwhoa the reopootiw wmlrsrm wro appoitiod.'
"8oaatoBLll I& 47, kgialatura lQS1, Kiowa aa Chapter 42, Qeaanl mad Speo- ial Imw, ortablirhodthe 8tate Boardof Health oompomodof mix m~bera to bo lppoiatodbgtho Oowmor. Thir,Ml1 wx approwd aad lmoao offoatiw Juao 9, 1927.
"An m~en&nontto this bill,mm pnrod ia 19Sl (H. 8. 455, Chapter 266) hrB providedthat 'Thotenu of offloo of tho 81~ pnreat men&err of the Board #hall not be lffootodv tMm CO&'
"(1) 'Whoadoea the term of offio;ofthir Board temiaate?
%JUSO Hll 465 r&erred to aa an onm~dmerbto the 1927 lar, added three aelfmembera to the Road. This dllmr approved%y 29, 1951 and boomno effeatiw kQpt Bl,ofthat year.
"(2) Pleaoo adviaoinowhea the terma of offioe of the three additloaalrams lurg of the Board appointedunder the provirion8of He Be 465 terminate?
"(6) Does the term of off300 of a member of the Etato Board of Health ter- r&mate six yearn from the date Iheathe Ml1 olsatingthat offloe beoem effectiw, or six years from the date ah- the appoiatmmtrs made, or six years frcm the date when his oath of offioewas filed?"
Article 4416-a,Vernor'lrRevised Civil Statutes,moating tti State Board of Healthand prwidiagfqrtb* iafmsltof its msmters,was puaed T , First ly the Aots of the 49th Legislature,192 Called Session,Page 131, Chapter42, whioh pYVide6 labllmf8: ---- .
Dr. W. A. Davis, page 2 (b.2605)
"Sea. 2. Canpositionof the State Board of Realth,Appointment,Term of Offioes The State Board of fIealthshall consistof six members,&0 shall %a ==+JlfL%tvvmnz, ++a&,wn#x?? J-q+Jlfa .%ful&a Q!L WhcL*a- have the members shallbe legallyqualified praotioingphysicians,who shall have had not loss than five years' exper- ience ia the actualpraotioeof medioiaewithin the State of Texas, of good professionalstanding,and graduatesof reoogniaedmedical oolloges. Of the six membersofthe Board first appointedunder the provisionsof this dot, two shall serve for a period of two years,two for a period of four years, and two for a period of six years, or until their suooessorsshall be appointedaad shall have qualified,unless soonerremovedfor oause. Immediatelyafter this Aat becomeseffective,the Governorshall appoint six membersto oonstitutr, the new State Board of Health ore&tedby this Act, Pnd, in the act of appoiatmemt,shall designatethe respeotiveterms of the members first appointed. The terms of officeof the members of the State Board of Health shall be six years, after the terms of the members first appointedshall haw expired. The Etato HealthOffioorshall be a member ex-offioioand ahall lot ae Chainnam of the State BDvd of Health,but shall not haw the right to vote a8 a member of suoh Board except in oases of a tie vote; provided,that in no event shall he be entitledto vote in the matter