Untitled Texas Attorney General Opinion ( 1970 )

T~~EATTOKNEY GENERAL OFTEXAS February 12, 1970 Hon. Cries Cole, Chairman The Committee for the Study of Land Use and Environ- mental Control Senate Chamber, Capitol Station Austin, Texas 78711 Opinion N~.M-572 Re: Whether a State Senator who haa been elected Chairman of a Legisla- tive Committee may con- tinue to serve as Chalr- man until the next Regular Session although he does not file for re- Dear Senator Cole: -2 election. The Committee for the Study of Land Use and Envlron- mental Control, as reconstituted by Senate Concurrent Resolu- tion No. 46, has requested an opinion as to whether Senator Criss Cole, a State Senator who has not offered hlmself for re-electlon,can continue to serve as the duly elected Chalr- man of said interim Legislative Committee from the present time and until the next Regular Session of the 62nd Legis- lature. S.C.R. No. 46, omitting Its formal parts, determines the nature and power of this important committee. It pro- vides, in part, for eleven members with three of these to be State Senators, as follows: *+**** "RESOLVED, By the Senate of the State of Texas, the House of Representatives con- curring, that the Committee for the Study of Land Use and Environmental Control be reconstituted: -2728- Hon. Crlss Cole, page 2 (M-572) (1) The Lieutenant Governor, the Speaker of the House, and the Governor of Texas shall appoint members to the Committee ss follows: Three Representa- tives to be appointed by the Speaker of the House, three Senators to be appointed by the Lieutenant Qovernor of the state, and five public members to be appointed by the Governor. *+**** RESOLVED, That the committee shall r.eportin writing and file a signed copy of the same with the Governor of the State of Texas, the Lieutenant Governor of the State of Texas, and the Speaker of the House of Representatives of the State of Texas not later than thirty days after the convening of the next Regular Session, and that copies of such report shall be distributed to each member of the Senate and of the House.' Senator Cole IS one of the three Senators appointed to serve as a Member of such reconstituted committee by the Lieutenant Governor of Texas. In addition to such senatorial membership, three House of Representative members are to serve along with five persons who are not members of the Legislature and who were appointed by the Governor of Texas. Under the law, Senator Cole's present term as a State Senator would~end on the day set by law for the con- vening of the Regular Session of the Legislature. Art. III, Sec. 3, Texas Constitution. This date will be the second Tuesday in January, 1971. Art. III, Sec. 5, Constitution of Texas; Art. 5422, V.C.S. Senator Cole's successor can qualify at any time thereafter. Until the end of Senator Cole's term In the Senate, that is, until the Regular Session of the 62nd Leglsla- ture convenes, he is in all things a member of the State Senate of Texas and fully qualified to serve on the said committee and to be Chairman. After his term ends, that Is, on the day the 62nd Legislature convenes, the tenure of his -2729- i . - .’ < Hon. Crlss Cole, page 3 (M-572) office will then continue as a hold-over Senator until his successor is duly qualified. He will then become ineligible to serve as a Member, or as the Chairman, of the aforesaid Interim committee unless he is otherwise qualified as a Committee Member by new appointment of the Governor to one of the five Committee Membership seats provided for non- Leglslators to occupy. This is the applicable rule, since the Legislature (S.C.R. No. 46) has prescribed such qualifl- cations for committee membership. SUMMARY ------- Senator Crlss Cole Is non qualified as a member of the Committee for the Study of Land Use and Environmental Control; he will remain qualified as such a member until the day set by law for the convening of the 62nd Leglsla- ture and thereafter until his successor in the Senate is duly qualified. At such time, he will cease to be eligible as a committee mem- ber unless otherwise qualified by a new appointment to a non-legislative place on such committee. /. ,,,,!L.G+ t&& , l&f f5z - . RTIN Atto ey General of Texas Prepared by Roger Tyler Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman ALFRED WALKER W. E. Allen, Acting Co-Chairman Executive Assistant John Grace Roland Allen NOLA WHITE James Quick First Assistant Robert Giddings MRADE F. GRIFFIN Staff Legal Assistant -2730-