.AUSTIN.-rExAR 78711
September14, 1976
The Honorable William R. Knight, Jr. Opinion No. H-877
Secretary
Texas State Board of Dental Examiners Re: Whether a member
718 Southwest Tower of the Dental Labora-
7th and Brazos Streets tory Advisory Board
Austin, Texas 78701 is required to be a
resident of the State
of Texas.
Dear Dr. Knight:
You have asked if an individual may continue to serve as
amember of the Dental Laboratory Advisory Board if he no longer
resides in Texas. You advise that one member of the Board
is moving his residence to the State of Colorado. We assume,
without deciding, that the individual is in fact a resident
of Colorado.
Article 16, section 14 of the Texas Constitution provides:
All civil officers shall reside within the
State: and all district or county officers
within their districts or counties, and
shall keep their offices at such places as
may be required by law; and failure to
comply with this condition shall vacate
the office so held.
The Dental Laboratory Advisory Board is created in
section 6(b) of article 4551f, V.T.C.S. Its members are
clearly civil officers. Letter Advisory No. 63 (1973).
p. 3695
I .
The Honorable William R. Knight, Jr. - page 2 (H-877)
Accordingly, under the clear terms of the constitution
a member of the Dental Laboratory Advisory Board who removes
his residence outside of Texas vacates his office. See
Prince v- Inman, 280 S.W.Zd 779 (Tex. Civ. App. -- Brmont
mno wrm Cf. Whitmarsh s Buckle 324 S.W.Zd 298
(Tex. Civ. App. --ouston 1959, no wri
---4-l Lamb v. State,
267 S.W.Zd 285 (Tex. Civ. App. -- San AntonmS)n, no writ).
SUMMARY
A member of the Dental Laboratory Advisory
Board vacates his office when he removes
his residence outside the State of Texas.
Very truly yours,
JdHN L. HILL
Attorney General of Texas
Opinion Committee
p. 3696