The Attorney General of Texas
December 6, 1977
JOHN L. HILL
Attorney General
Honorable Gibson D. Lewis Opinion No. H- 1100
Committee on Intergovernmental
Affairs Re: Election of chairman
House of Representatives of the Texas Historical
Austini Texas 76111 Commission.
Dear Representative Lewis:
You have requested our opinion regarding the election
of a chairman of the Texas Historical Commission. Article
6145, V.T.C.S., provides, in section 3:
The Commission shall hold regular meet-
ings in January, April, July, and October
of each year. On the first scheduled
meeting after the effective date of this
Act, the Commission shall select a chair-
man, vice-chairman, and secretary from
its members, who shall serve until the
January 1975 meeting and thereafter the
Commission shall select a chairman, vice-
chairman, and secretary from its member-
ship at each January meeting in odd num-
bered years. The Commission may hold such
other meetings at such other times and
places as shall be scheduled by it in
formal sessions and as shall be called by
the chairman of the Commission. The
Commission shall have authority to prom-
ulgate such rules and regulations as it
shall deem proper for the effective ad-
ministration of the provisions of this
Act.
You state that the chairman selected in January, 1977, died
shortly thereafter. The vice-chairman then became acting
chairman, but the Commission subsequently held a special
election to fill the vacancy, and selected another individual
as chairman. You ask whether it was authorized to do so.
P. 4512
Honorable Gibson D. Lewis - page 2 (H-1100)
Although it is specifically empowered to select officers
only in January of odd-numbered years, article 6145 also autho-
rizes the Commission "to promulgate such rules and regulations
as it shall deem proper for the effective administration of
the provisions of this Act." In Attorney General Opinion H-955
(1977) at 4, we held that, "absent legislative direction," the
Texas Youth Council could "reduce the term of its chairman, and
restrict the number of successive terms an individual may
,erve as chairman." (Emphasis in original). Article 6145 like-
wise does not address the question of vacancies among officers.
In our opinion, the absence of legislative direction regarding
this contingency, when considered together with the rule-making
power of the Commission, furnishes sufficient basis for the
Commission to promulgate a regulation providing for a special
election to fill the unexpired term of an officer.
In our view, such a rule may be made applicable to the
term of the present chairman. Attorney General Opinion H-955
(1977). In the absence of such a rule, however, we believe
that the vice-chairman should continue to serve as acting chair-
man.
SUMMARY
The Texas Historical Commission may promul-
gate a rule providing for a special election
to fill a vacancy in the office of chairman,
and may make it applicable to the term of the
present chairman. In the absence of such a
rule, the vice-chairman should serve as act-
ing chairman.
OHN L. HILL
General of Texas
Opinion Committee
jst
P. 4513