Untitled Texas Attorney General Opinion

. .’ March 9, 1953 Hon. Henry B. Hardt, President Board of Examiners in the Basic Sciences 407 Perry-Brooks Building Austin, Texas Opinion NO. s-16 Re: Eligibility of a board member to continue serv- ing after terminating the employment with an insti- tution of higher learning which was required to qualify for appointment Dear Sir: to this office. Your request for an opinion reads in part as follows: "This is a request for information con- cerning eligibility of a member of The Texas State Board of Examiners in The Basic Sci- ences. "One of the members of the original Board appointed by Governor Shivers in 19% was Dr. Ophelia C. Wesley of Daniel Baker College. Her first appointment was for a two year term. At the expiration of the two year term she was re-appointed by Governor Shivers for a six year term. A few weeks ago she severed connections with Daniel Baker College, and is at present not connected with~a college or university. My question now is, is she still eligible to be a member of the Board? Her services are quite satisfactory and we will be glad to have her continue to be a member of the Board, if it is permissible under the law." Qualifications of the Board of Examiners in the Basic Sciencesare prescribed in Section 3 of Article 1 . Hon. Henry B. Hardt, page 2 (s-16) 459Oc, Vernon's Civil Statutes, which provides in part as follows: I, . e . The members of the Board shall be selected because of their knowledge of the basic sciences named in this Act, and each member shall be a professor,-or an assistant or associate professor or an instructor on the faculty of the University of Texas, the Agricultural and Mechanical College of Texas, the Texas Technological College, Baylor University, Southern Met& odist University, Texas Christian University, St. Edwards University, Rice Institute, Southwestern University, or any other insti- tution or college located within the State of Texas of equal academic standing and facilities for instruction. Each member shall have resided in the State of Texas not less than one (1) year next preceding his appointment. No member of the Board shall be actively engaged in the practice of the healing art or any branch thereof, nor possess or have in the past possessed a license to practice the healing art or any branch thereof, nor be employed by any medical branch of any school or college." Under the provisions above quoted, each mem- ber is specifically required to be a professor, assist- ant, associate professor or an instructor on the faculty of a college within the State of Texas. The sole ques- tion for our determination is whether this eligibility requirement applies only to the time of appointment or if it is of a continuing nature. Although we have been unable to find any Texas case on this question, it is stated in 8% A;L.R. 82%, that "Eligibility to public office is of a continuing nature, and must subsist at the commencement of the term, and during the occu; panty of the office." State ex rel. Coe v. Harrison, 217 Ala. 80 114 So. 905 (1927); Jeffries v. Rowe, 63 Ind. 592 (197%); State ex rel. Johnston v. Donworth, 127 MO. App. 377, 105 S.W. 1055 (lgO'();Corn.v. Yeakel, 13 Pa. Co. Ct. 615 (18%); State e; rel. Fugina v. ;i;;w~) ;;: W;;.p;a 2;C@31ij1;49Eq3 ( 926); Brown v.*Woods, Contra: Plunkett v. Miller, 162'Miss. 149, '137So. j37 (1931). Hon. Henry B. Hardt, page 3 (s-16) It is seen by the above quoted authorities '~' that it is the general rule in other jurisdictions that an officer vacates his office whenever he becomes in- eligible to hold the office, for eligibility require- ments are of a continuing nature. This rule is in ac- cordance with the general policy in this State in regard to the residence requirement set out in Section 14 of Article XVI of the Constitution of Texas which states: "All civil officers shall reside wlth- in 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*" (Emphasis added.) Since Dr. Ophelia C. Wesley is no longer con- nected with a college or university, it is our opinion that she is not now eligible to be a member of the Board of Examiners in the Basic Sciences. SUMMARY Each member of the Board of Examiners in the Basic Sciences is required by Sec- tion 3 of Article 459Oc, Vernonss Civil Statutes, to be a professor, assistant, as- sociate professor, or an instructor in the faculty of a college located within the State of Texas at all timeb during his or her term of office. Yours very truly, APPROVED: JOHN BEN SHEPPERD Attorney General J. C. Davis, Jr. County Affairs Division C. K. Richards Reviewer "&Reti Assistant Robert S. Trotti First Assistant John Ben Shepperd Attorney General JR:am