OFFICE Ok THE AlrOdNEY GENERAL OF TEXAS
.
AUSTIN
xonomblo J%rt Ford Adzinistmtor
lkmis Liquor Con& Eonrd
*
of the Texts Liquor
ation In the Con;-
lxe that he was
11, 1941, Horowblo Yt'. Lee O*BnioJ.,
ems, addressad the follcxLng EOS-
sage to the Sonata of tie 47th Lsgislat~~ra:
I .&s)E.
tho odoics, cnn::cnt and con-
.P$rr;ation of t&c Senate to the foll.o:?itig
~qgolntmnt:
, -.
Ronorable Bert Fora, Mniniotrator, Page 2 -
.
.m BE A K5~?BmOF m LI:?.uoDCOlVizOL
BOARDfor the, unexpired tern ending
Novenbor 15th 1945:
IS, J. 'Jhvmsnd of Lufkln, Anglina County.
. Res&~otfully sub&.ttcd
6’. Lee O’D~niol
Governor of Texas*
W3net.or 1:‘. a. Towns&d iias enpointod ror
the unexpired tom of Dr. Xr D. tidfield. Sea-
tlon 5, fxtiole 1, Page 6, of the Texas Liquor
Control Aat aedla f;ith the appolntnont of Jkard
menbers and ths appolntnont of ths Chairwn for
said Board under said Liquor Control Aot.
UUcaer the above statemnt or facto, the
Texas Liquor Control Board has unanl~zously re-
~quosted that 1 secure your valued opinion es
to who is now actually Chalman of said Board.”
Seotion 5 or the Texas Liquor Control Act’t;o-far
as pertinent is as r0ibi7i3a
OFhere 1s heraby orcatea a board mea the
‘Texas Liquor Control Board, oonsistlng of three
(3) persons, all of whom shall be appointed by
the Governor, by and with the advloo and ‘unsent
of tho Sonate, and one of whoa ahall be designated
b,y,t$e Govemor to the onaiman of the said Board,
. .
*Of the nX?mbars‘initially app0inte.d eaoh
shall hold office from the date of his cppoint-
rnont for the .folloviin5 rospeotlvo ts~ms, and
until thair res:eotive successors shall qualify:
One monbor for two (2) Ware, one for four (2))
years, and one for sir 16) year6 r333mtho ef-
feot$vc date of the Act, Each membernay be
jnitially appointed on or oubsoquont to thg date
this Act Soas into effect. I;he Governor at tho
tine of c-akini: and announcing the appolntnent
of mid throo (3) ncabor:8, as well as in tha
tqmlsslon issued by him to each of thorn, shall
d~1Gnat.o which of ncld nc?Y~rs sbsll servo for
each of the seld respective tams, end also which
Honorable Bert Ford, Administrator, Page 3
shall be tho chairman’of the Board. (1
Prom your statecent it appears that on Hovembor
16, 1939, Dr. Ti. D. Rradfield of Dallas Ylaa given a recess
appointment and nomed as chairman member or the Texas Ll-
quor Control Doard, end served as suoh until his rajeotlon
by the Senate on April 24, 1941. It further appears that
in the nomination of Senator %‘. J. Pavrnsendof J&kin as
a member, tho Gorornor made no designation of chairman of
the Board.
Upon the rcjootlon otDr. Eradfleld, the then
chaSi-msn of the Doard, and his consequent legal retlrament
as a rembor of the Eoard, there remained no le@l.ly deslg-
nated chairman.
. It IS the opinion of this department that the
above-quoted statute contenplates that the selection of
the chairman of the Roard Is to be made by the Governor,
and though it was oontemplated, but not required, that such
designation should be made in the nomination of the member
ohosen to be chairman, it Is our opinion the power and
right of the Governor to make such desl6netlon abides wi%h
him and is not lost by his iallure to this time, to make
such dcsiwatlo.?. ‘ihe administration of the lna would be
trustrated under any other rule. The