ORNEY GENERAL
~~TICXAS
Honorable W. Lee OfDaniel
Governor of Texas
Austin, Texas
Dear Governor 'OtDanicl: Opinion No, O-3111
Re: Duration of the term of
office of a member of
the Board of Examiners of
Land Surveyors under Arti-
cle 5268 of the R.C.S.
We beg to acknowledge receipt of your letter of
January 31, 1941, propounding for a legal opinion the abova-
captioned question.
The statutes, Artiole 5268, et seq., governing the
creation and functioning of the Board of Examiners of Land
Survevors, nowhere orovided the term of offioe for the mem-
bers of such Board.
The matter, therefore, is controlled by Section
30, Article XVI of the Constitution, whioh declares:
"The duration of all offioes not fixed by
this Constitution shall never exceed two years; o o 9"
So that, you are accordingly advised that such
members hold for a term of two years, at which tSme the
office becomes vacant so far as concerns the right and
power to appoint a successor to such officer.
What we hake said has noreferenoe to the Commis-
sioner of the Land Offloe, who is by the statute made~.a
member of the Board. The Commissioner~s servioes in this
connection are ex officio his office of Commissioner of the
General Land Office -- merely added duties -- and his holding
as a member of the Board is nowise to be considered as the
holdingof an office or position of honor, trust or profit,
witnin the constitutional provisions against dual office-
holding,
Very truly yours,
OS-MR-og ATTORNEY GENERAL OF TEXAS
Approved Feb. 1‘2,1941 s/ Ooie Speer
s/Gerald C. Mann BY Ocie Speer
Attorney General of Texas Assistant