Untitled Texas Attorney General Opinion

OFFICE OF THE A?TORNEY GENERAL OF TEXAS AUSTIN Z&s State Board of Deutal Examinerr Littlef'ield BuilQLqg duet&n, TOsal 0unt1ePlenc Attention - Brr Ye beg to aokaovl request for an opinion upon tters$ aa held by atute orestee an ot- f tho term oi the lnoum- the bu&lnlng or fer- a ot the rest appoint- ginning of the fenure of suoh ap- esslre appolntments. Opinion x0. 2672 (opinions , p. 644) rith respaot to Dionore, and opixltonx0. 2913 Qeneral, 1930-1032, p. 661) with ro- 89eot to the State Reolaauationk%fgiineer.~ mether or not the statute in the present in- quiry (A.O.S., AH&ale 4643) does pFOmOrlbe the be&- tin6 of the tonure ir a debatable puestionr That stat- ute insofar as pertinent reads, . . Texas State Board of Dental Exsminers - p. 2 *The term of offioe of eaoh member of said Board shall be nix yearm, exoopt that as to the firet Board appointed hereunder two of its membera shall se118 for a term of tvo years, two of Its membOrs for a term of iour pears, and tro of Its mf3mbers for a tern of six years, the respective .. terms of the flret member8 so appointed to W&eslgaated. by the Gwernor in appointing Mthia thirty (30) dsys after this Aot ieoomes e??eOtltb the six members of said Board &all be appointed by the Bwernor of the State1 two to move ror two years, tto for four years, and two ror slxyears, or until their suooessors shall bb ~&ppOinfed aad quslified. Thereafter, at the expiration o? the term of eaoh maber first ippointed; hio suooeesor shall be appointed by the Gwernor o? the State and he shall serve Sor a term o? six yeare or until hle auooeesor shall be appointed and qualify." We are inollned to the opinion that the mandatory duty iqosed by thf3 statute upon the GoVernor to appoint members to the Dental Board within th+rty day8 after the a o tlb eeo meta effeo tir ,is e a deiinite Intention o? the Legislature that the term in any evOnt shall begin at the expiration of thirty days from the edfeotlre date o? the Aot, which was Kay 11, 1925. (Lavs 44th Leg., 2eg. Sese., p, e1+iH6), Te need not to de&de this questioa, haever, eioce the reoords of the Seoretary of State show that Dr. gounger suooeoded Dr. Landera, who had been appointed on Nay 25, 1936, to the tvo-year tern, expiring in 1937, 610 that as to this plaoe on the.Board the term began May 25, 1935. Dr. gllimgton rap appointed a member on Ilsy 25, 19311,apparently to a two-year term, and again on DeOemb6r 69, 1936, he vas appointed to a ?ull sir-year term, (*e?- iectiye June lo, 1937*) and is now 8eming that term. The terms of both these mdDlbers8therefore, till expire (for purpose of appointment of a suooeesor) midnIght, Kay 24, 1943. Very truly your8