Untitled Texas Attorney General Opinion

OFFICE OF THE A’ITORNEY GENERAL OF TEXAS 1 AUSTIN tfr. 3. a. wi11ienle County Auditor, Tarrant County Fort Xorth, Texas Dear Sir: the terms OP nt Incumbenta. ains only to countiaa and not 18sS tilan 142-B, Section 3, as to,,tbe that the Juvenile Depart- ve under existln~ law. oplaion on the tollorin~il : ing Article 5142-B-Section 3: 'IThere shall be one Chief Probation Officer, and such number OS Assistants not ex- ceeding eight as shall be aut:?orisedby the Juvenile Board. Said Chief Pro?ation Of'fioerand Asei+anta to be appointed by t‘ne CountjTJudge, and con.firmed by the Juvenile Board, and such power of appointment and confirmation of such officers aa oonferred by this Act shall not be effective until the expiration of the terns of offices of the present incumbents of such Off108a.f nHouse Bill number 349, a ner law, Chap- ter 299, Youse 3111 number 349-Sectisn 3: "*There shall be one Chief Pro'sation Officer, and such number of Assistants not ex- ceediw ten (10) as may be authoriaed by the Juvenile Board. Said Chief Probation Officer shall be appointed by the Juvenile Board and said Officer shall appoint said Asaistaats, sub- o confirmation by the Juvenile Roardt !:::dtsuoh 'poner of appointment a‘zd confirma!F on anal1 not become effective -Until tileexpiration of the current terms of the present incumbents of such offices.~ Approved iday 10, 1943, Effec- tive Hay 10, 1943. "Can the Juvenile Department raise the nuder of assistants from eight as was set out in Article 5142-B to ten aa was set out in Bouse Bill Xo. 349 before the expiration of the CUrrent term of the present incumbent's term of such offices?' (Rmphasis Ours) Under the old law, Article 5142-3, Section 3, V.A.C.S., quoted above, the county judge appointed tile Chief Probation Officer and his assistants witii the confirmation of the Juvenile Board. Tie new law, Ii.R. 349, RegUlar Session, 48th Legislature, quoted above, amendad the former,law and provided that the power of appoint:zentof the Chief PI?obatlon Officer should lie with the JUV8nil8 Board aildthat he s;lould appoint his asszkstantssubject to the confirmation of t;leJuvenile Board. The statute then specifies when the power of a22oi:ltment shall become effective "provided such power of appointment and confirmation shall not become effective until the expiration of the current terms of tine present incumbents of such offices." This lanyuase is plain and unambiguous and, therefore, is not subject t0 ConstrUction. You are advised that the power of appointment and confirmation is non-existent until tineterms of the Incumbents expire. ,L?.1543 Yours very truly ,, "---F---g .c: DWIi:RP