Untitled Texas Attorney General Opinion

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