716
OFFICE OF THE A’ITORNEY GENERAL OF TEXAS
AUSTIN
HonorableWilliam J. Lawson
Secretary of State
Austin, Texas
Deer mm LeTSOlt~
"The Act does not mention the granting of
a oomutssfon,but does require that an oath be
taken and a bond exeouted. le would appreciate
an opinion from your Departmmt as to whether
the aormrdssionshould be executed by this De-
partment or whether it should be exeouted by
'the&oard of Water En&Lneore.*
.
Ronorable William J. Larson - page 2
Article 2040 of the Revised Ctvil Statutes of
Texas, declsrest
*The Governor shall comdsslon all offi-
cars except Gwernor, members of Congress,
electors for President end VfoeGPresidentof
the United States, manbars of the Legislature
and nunicipal officers.?.
Members of the Board oi Mreotors of ,SanJacinto
Conservationand Reclamation gistriot, provided for In R.2.
No. m@q, Ch. 013, dcts of the 4W.h Legislature,Regular
Session, are officers within the meaning oi the statute
above quoted.
Section 6 of the Act rendet
*The management and control of all the
affairs of said District shell be vested in,
a& the pevers, rights. privileges,andfun%+
tlons of the District shall be exercisedby,
a Board of Dlreotors OonsistSng Of six (6)
rimnbers, all of whom shall be freehold property
taxpayers.arrl legal voters of such District.
Such Board of Directors shall be appointedaJ
the State Board of Bater Rngineers as soon as'
practicableafter the Dassage of this Act, two
(2) of the laerrbers to be appointed for a ~term
of two (2) years, Go (2) of the members there-
of to be appointedfor a term of four (4) years,
and two (2) of th8 membero thereof to be ap-
pointed for a term 0f six (6) years, and upon
thtjoxplrationof the respective terms of sazld
firactors, the su~eessorsof each and all of
them shall be appointedby the State Board of
Yater aginosrs thereafterfor a term of six
(6) yeara- The directors shell hold ofMce
after their appointmentand qualificationun-
til their.sucoessors.shallbe appolntad'and
qualifiad. shoulrlany vacancy occ-urin the
Doard of Directors, the same shall be fllled
jn like tnannerby the State Board of Water
i%xginoers for the unexpired term. The direot-
ors appointed shall, uithin thirty (30) days
after their appolntmont,qualify by taldng the
official oath required of County Commissioners,
.and shall execute bond in the sum of Five
,
hlonorableBilliam J. Lawson - page 3
ThoasPad Dollars ($S,Doo),payable to the Dis-
trict, the sufficieueyof wUc.h boPd shall be
determinedby the State Board of later Engineers,
which bonds after bsing recorded in the official
bond records of the county in which the District
nmintains its office shall be depositedrith the
depositoryselected end apyromd for the deposit
of the funds of the District. Provided, the
present tioardof six (6) direotors of the San
Jacinto River Conaerrationand ReclamationMs-
triot, appointednuder the authority of Chapter
4~~3,Acts of the Regular Session of the Forty-
fifth Legislatureshall continue to serve as
such until the Board of Mreetore appointedby
the State Boa* of Water Rngineers as herein pro-
vided has quallfis&*
The direotorfttherein mentioned are not uxme em-
ployees,but they are,offioerewith edsduistratiteparers,
and as such officers they should be comsdssinuedby the
Governor es other public effioers are cooanissioned.