TRIEA~TORNEYGENERAX,
OF TEXAS
AUSTIN. TRXAS 78711
Wm. Richard Knight, Jr., D.D.S. Opinion No. H-998
Texas State Board of Dental
Examiners Re: Power of the State Board
2101 Mac Arthur Blvd., #llO of Dental Examiners to termi-
Irving, Texas 75061 nate and remove a member of
the Dental Laboratory Advisory
Board.
Dear Doctor Knight:
On behalf of the Texas State Board of Dental Examiners
you have asked:
Does the Texas State Board of Dental
Examiners have the power to terminate
and remove a member of the Dental Lab-
oratory Advisory Board who was previously
appointed by [the Texas State Board of
Dental Examiners], and, if so, under
what circumstances?
The pertinent portion of article 4551f(6), V.T.C.S., reads:
(b) There is hereby created the Dental
Laboratory Advisory Board which shall be
composed of six members appointed by the
Texas State Board of Dental Examiners from
the dental laboratory owners or managers
and dental technicians registered with the
Board, four of whom shall be dental labo-
ratory owners or managers and two of whom
shall be dental laboratory technicians who
are not dental laboratory owners or managers.
The members of the Dental Laboratory Advis-
ory Board shall serve six (6) year staggered
terms and of the first members appointed to
such Board, two shall serve for two (2)
years, two shall serve for four (4) years
and two shall serve for six (6) years: the
length of each term of those initially ap-
p. 4137
Wm. Richard Knight, Jr., D.D.S. - page 2 (H-998)
pointed shall be designated by the Texas
State Board of Dental Examiners at the time
of appointment. The Dental Laboratory Advis-
ory Board shall advise the Texas State Board
of Dental Examiners on all matters concerning
dental laboratories and dental technicians. . . .
Plainly, the statute contemplates that members of the
Dental Laboratory Advisory Board shall serve for staggered
terms of a fixed duration. Members of the Dental Laboratory
.Advisory Board are civil officers. Attorney General Opinion
H-877 (1976); Letter Advisory No. 63 (1973). Also, they are
members of a'state board within the meaning of section 30a,
article 16 of the Texas Constitution authorizina such terms.
See Attorney General Opinion M-505 (1969). Cf.-Lower Colorado
eer Authority v. McGraw, 83 S.W.Zd 629 (Tex.1935); Attorney
General Opinion M-136 (1567).
Inasmuch as article 4551f(6) fixes the terms during
which members of ,the Dental-Laboratory Advisory Board are to
serve, they may not be removed by the Board of Dental Examiners.
* Dorenfield v. State, 73 S.W.2d 83 (Tex. 1934). Cf. Attorney
General Opinion H-955 (1977). We need not reach thesubsidiary
question. See enerally Attorney General Opinions H-790
(1976); H-6K(?975); H-534 (1975); H-253 (1974); H-226 (1974).
SUMMARY
The Texas State Board of Dental Examiners
does not have the power to terminate and
remove a previously appointed member of
the Dental Laboratory Advisory Board.
Attorney General of Texas
APPROVED:
yg&.&&!&zi
DAVID M. KENDALL, First Assistant
p. 4138
. -
ard Knight, Jr., D.D.S. - page 3 (H-998)
Opinion Committee
km1
P- 4139