Mr. Vernon M. Arrell Opinion No. JM-1117
Commissioner
Texas Rehabilitation Commission Re: What constitutes a quo-
4900 North Lamar Blvd. rum of the Texas Council on
Austin, Texas 78751-2316 Disabilities, and related
questions (RQ-1789)
Dear Commissioner Arrell:
You ask several questions about the composition of the
Council on Disabilities, which is provided for in chapter
132 of the Human Resources Code.
Section 132.002 of the Human Resources Code provides:
(a) The council on disabilities is
established and is composed of 23 members.
(b) The governor shall appoint a person to
serve as chairperson of the council. In
addition, the governor shall appoint one
provider, one private citizen, and one
disabled person or parent or guardian of a
disabled person to serve on the council.
(c) The lieutenant governor shall appoint
one senator, one provider, one private
citizen, and one disabled person or parent or
guardian of a disabled person to serve on the
council.
(d) The speaker of the house shall appoint
one member of the house of representatives,
one provider, one private citizen, and one
disabled person or parent or guardian of a
disabled person to serve on the council.
(e) The governing board of each of the
following agencies shall appoint one person
to represent that agency on the council:
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9.’ 1
Mr. Vernon M. Arrell - Page 2 (JM-1117)
(1) the Texas Department of Human
Services;
(2) the Texas Department of Mental
Health and Mental Retardation:
(3) the Texas Department of Health:
(4) the Central Education Agency:
(5) the Texas Rehabilitation
Commission:
(6) the Texas Commission for the Deaf:
(7) the Texas Commission for the Blind:
(8) the Texas Department on Aging:
(9) the Texas Commission on Alcohol and
Drug Abuse;1
(9) the Texas Employment Commission:2
(10) the Texas School for the Deaf: and
(11) the Texas Employment Commission:3
(11) the Texas Commission on Alcohol
and Drug Abuse.4
1. This is the text of (9) as amended by Acts 1985,
69th Leg., ch. 264, g 30, at 1239; L ch. 603, 5 24, at
2278: id. ch. 632, 5 11, at 2338; j& ch. 793, 5 27, at
2711.
2. This is the text of (9) as amended by Acts 1985,
69th Leg., ch. 619, § 18, at 2305.
3. This is the text of (11) as added by Acts 1985,
69th Leg., ch. 603, § 24, at 2778.
4. This is the text of (11) as amended by Acts 1985,
69th Leg;, ch. 619, 5 18, at 2305: & ch. 632, 5 11, at
2338.
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Mr. Vernon M. Arrell - Page 3 (JM-1117)
You are concerned that the statement in subsection (a) of
section 132.002 that the commission is composed of 23
members is inconsistent with the number of members listed in
subsections (b), (c), (d), and (e) of section 132.002. YOU
ask what the number of commission members should be.
The reason it appears that there are more than 23
members is that subsection (e) contains two redundant
entries. When section 132.002 was adopted in 1983,
subsection (a) stated that the council was composed of 21
members. Subsection (b) provided for four members to be
appointed by the governor; subsection (c) provided for four
members to be appointed by the lieutenant governor: and
subsection (d) provided for four members to be appointed by
the speaker of the house. Subsection (e) provided that each
of nine named state agencies was to appoint a member. The
total number of members listed under subsections (b), (c),
(d), and (e) was 21. Acts 1983, 68th Leg., ch. 308, § 1, at
1636.
In 1985 the legislature adopted two different bills
that amended subsection (a) to provide that the council was
,composed of 23 members and added the Texas School for the
Deaf and the Texas Employment Commission to the agencies
listed in subsection (e). Acts 1985, 69th Leg., ch. 603,
5 24, at 2278 [hereinafter chapter 6031: ip, ch. 619, § 18,
at 2305 [hereinafter chapter 6191. Although both bills made
the same substantive changes to subsection (e), each one set
out the individual entries under subsection (e) in a
different order. Chapter 603 listed the School for the Deaf
as number (10) and the Texas Employment Commission as number
(11) - Chapter 619 listed the Texas Employment Commission as
number (9) and the School for the Deaf as number (10) and
moved the Texas Commission on Alcoholism and Drug Abuse from
number (9) to number (11). As a result of the inconsistent
numbering in those two bills, the list of agencies in
subsection (e) now contains 13 entries. Because the Texas
Employment Commission and the Commission on Alcoholism and
Drug Abuse are each listed twice, however, only 11 different
agencies are named in those 13 entries. Consequently,
subsection (a) of section 132.002, which provides that the
council shall consist of 23 members, is not inconsistent
with subsections (b), (c), (d), and (e) of that section.
You also ask about section 132.004, which provides that
a majority of the members of the council constitutes a
quorum. YOU ask whether "the 'majority' relates to the
total membership of the council, or only to those members
currently appointed." See Gov't Code 5 311.013(b). A
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Mr. Vernon M. Arrell - Page 4 (JM-1117)
quorum is defined in terms of the number of members provided
for by law, not by the number actually sitting on a board or
council at any one time. W lk r Walter, 241 S.W. 524,
528 (Tex. Civ. App. - Forta W&t;.1922 no writ); Letter
Opinion M-88-45 (1988). Therefore, i2 members of the
23-member board would constitute a quorum.
Finally, you ask about subsection (9) of section
132.002, which provides:
The governor may designate other agencies
to appoint representatives to serve on the
council.
You ask whether persons appointed under subsection (g) have
the same standing as other members of the board and whether
such persons have a right to vote. The plain language of
subsection (g) indicates that the additional persons are
full-fledged members of the council. It provides that they
are to "serve on the council." Subsection (f) refers to the
private citizens appointed by the governor, lieutenant
governor, and speaker of the house as being appointed to
@tserve on the council." See& (b), (cl s Cd).
Consequently, we conclude that persons appointed under
subsection (g) serve in the same capacity as ,persons
appointed under subsections (b), (c), (d), and (e).
Subsection (a) of section 132.002, which provides that
the council shall consist of 23 members, is inconsistent
with subsection (g), which allows the governor to increase
the number of members on the council. We think, however,
that the statement in subsection (a) that the council
consists of 23 members reflects a conventional form for
statutes that create boards and committees rather than a
legislative intent to set a cap on the number of members of
the council. cf. Hum. Res. Code 9 91.011 (Texas Commission
for the Blind); & 9 101.001 (Governor's Board on Aging).
SUMMARY
A quorum of the Council on Disabilities
is a majority of the number of members
provided for by law. Persons appointed to
the council under subsection (g) of section
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Mr. Vernon M. Arrell - Page 5 (JM-1117)
132.002 of the Human Resources Code serve in
the same capacity as persons appointed under
subsections (b), (c), (d), and (e) of that
section.
, v-jx&
JIM MATTOX
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
LOU MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Sarah Woelk
Assistant Attorney General
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