Untitled Texas Attorney General Opinion

+ ._.“- The Attorney General of Texas September 5, 1979. MARK WHITE Attorney General Mr. Andy Shwal, Executive Director Opinion No. MW-53 Texas Prosecutors Coordinating Council Re: The length of the terms of P. 0. Box 13555 office of members of the Texas Austin, Texas 767R Prosecutors Coordinating Council. Dear Mr. Shuvah You have asked our opinion on the length of the terms of office of the members of .the Texas Prosecutors Coordinating Council. The statute provides that the members of the council are appointed to ovc&apping four- year terms. V.T.C.S. arty 332d, S 4. However, article 16, section 30 of the Texas Constitution provides: The duration of all offices not fiied by this Constitution shsll never exceed two years .: . . See also Tex. Const. art. 16, S 30a (provides for six-year terms of offices in certain circumstances). Under the clear terms. of the constitution, the fouryear terms provided in the statute are impermissible. Kimbrough v. Rarnett, 55 S.W. 120(Tex. 1900). In similar situations the courts have concluded that persons appointed to impermissibly long.terms serve the two-year term permitted by the constitution. Delta Electric Const. Co. v. City of San Antonio, 437 S.W.Zd 602 (Tex. Civ. App. - San Antonio 1969, writ ref’d n.r.e.5 San Antonio Independent School District v. State, 173 S.W. 525 (Tex. Civ. Apy S Antonio 1915, writ ref’d) Accordingly, members of the Texas ProsZtors Coordinating Council’serve for a term of two years or until their successors are appointed and qualified. Tex. Const. art. 16, S 17. SUMMARY Members of the Texas Prosecutors Coordinating Council serve terms of two years. Attorney General of Texas p. 169 c,.. .. Mr. Andy Shuval - Page Two (NW-53) JOHN W. FAINTER, JR. First Assistant Attorney General TED L. HARTLEY Executive Assistant Attorney General Prepared by C. Robert Heath Assistant Attorney General APPROVED: OPINIONCOMMI’MXE C. Robert Heath, Chairman David B. Brooks SusanGarrison Rick Gilpin William G Reid Bruce Youngblood P. 170