Untitled Texas Attorney General Opinion

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.