Untitled Texas Attorney General Opinion

E‘I~' GENERAL EXAS July 17, 1969 Honorable Preston Smith Opinion No. M- 433 Governor of Texas Austin, Texas Re: Construction of Article 4513, V.C.S., as amended by H.B. 358, Acts of the 61st Legislature, Regular Session, Dear Governor Smith: 1969 Your request for an opinion asks the following question: "Do the members presently serving on the Board of Nurses Examiners continue to serve until the expira- tion of their terms: or does Section 1 of House Bill 358 require the appointment of a new Board of Nurses' Examiners?" Article 4513, Vernon's Civil Statutes, as amended by Section 1 of House Bill 358, Acts of the 61st Legislature, Regular Session, 1969, reads as follows: "The Governor shall bielnially appoint a Board of Nurse Examiners to consist of six members and the term of office of those so appointed shall be two for six years: two for four years: and two for two years. The terms of office for members of the Board shall expire on January 31 of odd-numbered years. Each member of said Board shall be a registered nurse at least twenty-five years of age, of good moral character -2157- Honorable Preston Smith, page 2 (M-433) and 'a graduate of an accredited school of professional nursing,' and three members shall have at least three years' teaching experience in educational work among nurses. One of the two persons appointed every two years shall be a person with at least 'three years' teaching exper- ience in education work among nurses'." Prior to the amendment, Article 4513 read as follows: "The Governor shall bien- nially appoint a Board of Nurse Examiners to consist of six members, and the term of office of those so appointed shall be two for six years: two for four years: and two for two years. Each member of said Board shall be a registered, graduate nurse at least twenty-five years of age, of good moral character and a graduate of a School of Nursing con- ne cted with a general hospital or sanitarium of good standing presided over by a graduate nurse, where a two or more years' training with a systematic course of instruction is given, and shall have at least three years ' teaching experience in educa- tional work among nurses. The mem- bers of the Board and the Educational Secretary shall each make and sub- scribe to the official oath, and the same shall, within thirty days after their appointment, be filed with the Secretary of State." It is noted that the changes made by Section 1 of House Bill 358, Acts of the 61st Legislature, Regular Session, 1969, do not abolish the Board of Nurse Bxam- iners, but instead merely provides for a definite ter- mination date for the term of office for the Board members and provides certain changes in the qualification of Board members. Neither the caption of House Bill 358 -2158- Honorable Preston Smith, page 3 (M-433) nor the emergency clause nor any other section express any intent by the Legislature to abolish the present Board. See Comoere v. State, 107 Tex.Crim. 95, 295 S.W. 614 (1927). Section 30a of Article XVI of the Constitu- tion of Texas provides board members may hold office for no more than six (6) years. The Legislature may neither shorten nor extend a term of office set by the Constitution. Attorney General's Opinion No. M-296 (1968). You are therefore advised that the mem- bers presently serving on the Board continue to serve until the expiration of the term for which they were appointed. e SUMMARY Article 4513, Vernon's Civil Statutes, as amended by Section 1 of House Bill 358, Acts of the 61st Legislature, Regu1a.r Session, 1969, does not abolish the present Board of Nurse Examiners and the members presently serving on the Board continue to serve until the expiration of the term for which they were appointed. C. MARTIN Prepared by David Longoria Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman George Kelton, Vice-Chairman -2159- Honorable Preston Smith, page 4(M-b33) Neil Williams Roland Allen Linward Shivers Charles Rose Hawthorne Phillips Executive Assistant -216’L