.
The Attorney General of Texas
November 9. 1983
JIM MATTOX
Attorney General
Supreme Court Building Ms. Edna A. Parsons Opinion NO.JM-89
P. 0. Box 12548 Executive secretary
Austin. TX. 76711. 2548 Texas Board of Chiropractic Examiners Re: Expiration date of
5121475.2501
1300 E. Anderson Lane terms of members of Board
Telex 9101874.1367
Telecopier 5121475.0266 Building C, Suite 245 of Chiropractic Examiners
Austin, Texas 78752
714 Jackson. Suite 700
Dear Ms. Parsons:
Dallas. TX. 75202.4506
2141742~8944
You have asked whether the expiration date of the terms of office
for the members of the Texas Board of Chiropractic Examiners Is
4824 Alberta Ave.. Suite 160 determined by the date of the first appointment. the legislative
El Paso, TX. 79905.2793 enactment date, or the recent legislative extension date.
915/533-3464
The Texas Board of Chiropractic Examiners [board] was created by
,-II Texas, Suite 700 the Fifty-first Legislature when House Bill No. 721 became effective
.~uston, TX. 77002-3111 April 27, 1949. Four months later, on August 4, 1949, the first
7131223-5886 members to serve on the board were appointed. Since that time, the
board has recognized August 3 as the expiration date of the terms of
its members.
606 Broadway. Suite 312
Lubbock, TX. 70401-3470
8061747.5236 Some twenty years later, Attorney General Opinion M-338 (1969)
held that
4300 N. Tenth, Suite 6
McAllen. TX. 78501.1665
[t]he commencement date of the term of office of
512,662.4547 an individual serving on a board, agency,
commission or committee of the State of Texas,
created by a statutory or constitutional provision
200 Main Plaza, Suite 400
which is silent to the commencement date of such
San Antonio, TX. 78205.2707
5121225-4191
terms of office, is fixed by the effective date of
the legislative enactment or constitutional
provision creating such office . . . .
An Equal OpportunityI
Affirmative Action Employer During the Sixty-seventh Legislature. the life of the board was
extended by Senate Bill No. 753. This bill became effective September
1, 1981.
The State Auditor, following Attorney General Opinion M-338
(19691, has previously recognized April 26 as the expiration date of
the terms to which the board’s members were appointed because April 27
was the effective date of the original statute. He Is now uncertain
r-
p. 379
.
Ms. Edna A. Parsons - Page 2 (~-89)
as to which date should be the expiration date (I.e. April 26, August
3. or August 31). We believe that the expiration date of the terms
should be determined by the effective date of the legislation creating
the board. Therefore, the expiration date should be April 26.
Although there have been a number of Attorney General's Opinions
that take the position that the terms of office should commence upon
the date of the first appointment of the first board member, this
position is appropriate only when the commencement date of the term
cannot be determined from the language of the enactment. See Attorney
General Opinion M-338 (1969). Article 4512b, section 3(a).V.T.C.S..
stated:
A Board to be known as 'The Texas Board of
Chiropractic Examiners' is hereby created. No
member of said Board shall be a member of the
faculty or Board of Trustees of any chiropractic
school; and all appointments to said Board shall
be subject to the confirmation of the Senate. The
Texas Board of Chiropractic Examiners, which
hereinafter may be referred to as 'The Board,'
shall be composed of nine (9) members whose duty
it shall be to carrv out the ournoses and enforce
the provisions of this Act, *and the Governor of
Texas shall, upon the taking effect of this As
appoint nine (9) graduate chiropractors to
constitute such a Board, who shall have been
residents of this State, actually engaged in the
practice of chiropractic as defined in this Act,
for at least five (5) years immediately preceding
the passage of this Act . . . . (Emphasis added).
See Acts 1949, 51st Leg., ch. 94, p. 160. Since this statute called
for the governor to appoint the board members "upon the taking effect
of this Act," the intention of the legislature was for the term to
begin on April 27, the effective date of the act.
In addition. Attorney General Opinion M-338 (1969) overruled
prior opinions as they were in conflict with its holding that the
commencement date of a term of office is fixed by the effective date
of the legislative enactment. As Attorney General Opinion M-338
stated!
]I]t would appear that a board . . . created by
s . . . statutory enactment of the Legislature
would come into existence on the effective date of
the . . . statutory enactment. In turn, it would
likewise seem to follow that any appointive
positions upon a board , . . would come into
p. 380
. ,
Ms. Edna A. Parsons - Page 3 (X3-89)
existence on the effective date of the statutory
enactment . . ., unless otherwise provided.
(Emphasis added).
Attorney General Opinion M-388 set forth two rules, the first of which
stated that where the enactment that created the board provided for
staggered terms for the members of the board, then the legislature,
absent any indication to the contrary, intended the commencement date
of the term to be the effective date of the enactment creating the
position. This was the holding of Attorney General Opinion M-296
(1968) and was reaffirmed by Attorney General Opinion M-338.
Therefore, it has long been the opinion of this offfce that the term
of a position commences on the date of the legislative enactment,
absent any indication to the contrary.
The third expiration date in question arises as a result of the
sunset legislation by the Sixty-seventh Legislature, effective
September 1, 1981. These amendments should not change the appointment
date in question, since as stated in Attorney General Opinion M-338,
an amendment to the statutory . . . provision
creating . . . a board . . . does not change the
commencement date of the terms of office of the
members of such . . . board . . . unless such
amendment clearly has as its purpose such a
change. (Emphasis added).
The legislation does not express a "clear purpose." The Bill Analysis
to Committee Substitute Senate Bill No. 753, states under purpose:
[ulnder the Texas Sunset Act (Article 5429k,
V.T.C.S.) the Texas Board of Chiropractic
Examiners is scheduled to be abolished unless
continued by Legislatf,ve action. C.S.S.B. 753
would continue the Board of Chiropractic Examiners
as the policy making. examining and licensing body
for chiropractic. (Emphasis added).
Bill Analysis to Senate Bill No. 753, prepared for Senate Committee on
Government Organization, filed in Bill File to S.B. No. 753 (bill
extending the life of the Texas Board of Chiropractic Examiners),
Legislative Reference Library. Therefore, it is clear that the intent
of the Sixth-seventh Legislature was only to "continue" the board.
Since this legislation only "continued" the board and in no way
"re-created" it the requirement set forth by Attorney General Opinion
M-338 is not met.
p. 381
.
Ms. Edna A. Parsons - Page 4 (~~-89)
SUMMARY
The terms of the members of the Texas State
Board of Chiropractic Examiners are to expire on
April 26, ns determined by the enactment date of
the legislation that created the board.
J I-M MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gllpin, Chairman
Jon Bible
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton
p. 382