The Attorney General of Texas
July 9, 1979
MARKWHITE
Attorney General
John W. Holcombe, D.V.M. Opinion No. MW-31
Executive Director
Texas Animal Health Commission Re: Whether the executive
P. 0. Box 12966 director of the Texas Animal
Austin, Texas 787U Health Commission is required to
be a veterinarian.
Dear Dr. Holcombe:
You have asked if the executive director of the Texas Animal Health
Commission is required to be a veterinarian.
Article i’O14f-l, V.T.C.S., provides in part:
Section 23. The [Animal Health] Commission is
hereby authorized to employ a Chief Veterinarian, a
first assistant and as many Assistant Veterinarians as
may be necessary; also, such other persons as may be
necessary for the enforcement of the provisions of
this Act, and other Live Stock Sanitary Acts; also,
clerks, stenographers, chief clerk and all necessary
clerical help.
See also V.T.C.S. art. 7014~1, 5 31 (commission authorized to employ a chief
veterinarian and assistant veterinarians for the eradication and control of
contagious, infectious, and communicable diseases of livestock).
The term “executive director” does not appear in the statutes relating
to the Animal Health Commission, although there is a line item appropria-
tion for an executive director. Acts 1977, 65th Leg., ch. 872, at 2836.
Material which you have furnished us indicates that although the executive
director has also served as chief veterinarian from 1956 until the present, for
the 20 years prior to 1956, the chief administrative officer was not a
veterinarian.
In light of the absence of any statutory requirement that the chief
administrative officer of the Animal Health Commission also be the chief
veterinarian and in light of the past practice of having a director who is not
p. 95
John W. Holcombe, D.V.M. - Page Two (HK-31)
chief veterinarian, it is our opinion that the executive director of the Animal Health
Commission is not required to be a veterinarian. Of course, a non-veterinarian employed
as executive director may not act as chief veterinarian.
SUMMARY
The Executive Director of the Texas Animal Health Commission is
not required to be a veterinarian.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by C. Robert Heath
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Austen Furse
Susan Garrison
Bob Gauss
Rick Gilpin
William G Reid
Bruce Youngblood
p. 96