When did the terms of Texas Board of Chiropractic Examiners members expire: the statute's effective date, the first appointments, or the sunset extension date?
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This page answers the general question as of 1983. Ezel answers yours: what it means for your facts, under current Texas law, with citations.
Texas AG Opinion JM-89: Chiropractic Board Term Expiration Dates
Plain-English summary
JM-89 concluded that terms on the Texas Board of Chiropractic Examiners expired on April 26. The controlling date was April 27, 1949, when the original legislation creating the board took effect, not August 4, 1949, when the first members were appointed.
"We believe that the expiration date of the terms should be determined by the effective date of the legislation creating the board. Therefore, the expiration date should be April 26."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf"The Texas Board of Chiropractic Examiners [board] was created by the Fifty-first Legislature when House Bill No. 721 became effective April 27, 1949. Four months later, on August 4, 1949, the first members to serve on the board were appointed."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
The original statute directed the governor to appoint the board when the act took effect. JM-89 treated that language as evidence that the legislature intended the terms to begin on April 27.
"Since this statute called for the governor to appoint the board members 'upon the taking effect of this Act,' the intention of the legislature was for the term to begin on April 27, the effective date of the act."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
The 1981 sunset legislation did not establish a new term cycle because its stated purpose was to continue the board, not recreate it.
"Therefore, it is clear that the intent of the Sixty-seventh Legislature was only to 'continue' the board."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf"Since this legislation only 'continued' the board and in no way 're-created' it the requirement set forth by Attorney General Opinion M-338 is not met."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
Currency note
This opinion was issued in 1983. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Why was April 26 the expiration date?
The board-creating statute took effect on April 27, so JM-89 treated April 27 as the commencement date and April 26 as the corresponding expiration date.
"The terms of the members of the Texas State Board of Chiropractic Examiners are to expire on April 26, as determined by the enactment date of the legislation that created the board."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
Why did the first appointment date not control?
JM-89 said first-appointment dates mattered only when the enactment did not reveal when the term began. Here, the law required appointments upon the act's effective date.
"Although there have been a number of Attorney General's Opinions that take the position that the terms of office should commence upon the date of the first appointment of the first board member, this position is appropriate only when the commencement date of the term cannot be determined from the language of the enactment."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf"[T]he Governor of Texas shall, upon the taking effect of this Act, appoint nine (9) graduate chiropractors to constitute such a Board."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
What rule did Attorney General Opinion M-338 supply?
JM-89 quoted M-338 for the rule that, absent contrary language, a board and its appointive positions came into existence on the effective date of the statute creating them.
"[I]t would appear that a board . . . created by a . . . statutory enactment of the Legislature would come into existence on the effective date of the . . . statutory enactment. In turn, it would likewise seem to follow that any appointive positions upon a board . . . would come into existence on the effective date of the statutory enactment . . ., unless otherwise provided."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
Did the 1981 sunset extension change the terms' commencement date?
No. JM-89 quoted M-338 for the rule that an amendment did not change term commencement unless that was clearly its purpose, and it found no such purpose in the continuation legislation.
"[A]n amendment to the statutory . . . provision creating . . . a board . . . does not change the commencement date of the terms of office of the members of such . . . board . . . unless such amendment clearly has as its purpose such a change."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf"The legislation does not express a 'clear purpose.'"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
What did the sunset bill say its purpose was?
Its bill analysis said the measure would continue the Board of Chiropractic Examiners as the profession's policymaking, examining, and licensing body.
"C.S.S.B. 753 would continue the Board of Chiropractic Examiners as the policy making, examining and licensing body for chiropractic."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
Background and statutory framework
Executive Secretary Edna A. Parsons asked whether board terms were keyed to the first appointments, the original enactment date, or the later legislative extension date.
"You have asked whether the expiration date of the terms of office for the members of the Texas Board of Chiropractic Examiners is determined by the date of the first appointment, the legislative enactment date, or the recent legislative extension date."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
The board had historically recognized August 3 as the expiration date because the first members were appointed on August 4, 1949.
"Four months later, on August 4, 1949, the first members to serve on the board were appointed. Since that time, the board has recognized August 3 as the expiration date of the terms of its members."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
The State Auditor instead had recognized April 26 after Attorney General Opinion M-338 tied a term's commencement to the creating statute's effective date.
"The State Auditor, following Attorney General Opinion M-338 (1969), has previously recognized April 26 as the expiration date of the terms to which the board's members were appointed because April 27 was the effective date of the original statute."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
The 1981 legislation raised a possible third date, August 31, because it took effect on September 1. JM-89 rejected that date because the amendment continued the existing board.
"During the Sixty-seventh Legislature, the life of the board was extended by Senate Bill No. 753. This bill became effective September 1, 1981."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf"Therefore, it is clear that the intent of the Sixty-seventh Legislature was only to 'continue' the board."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
Holding
"The terms of the members of the Texas State Board of Chiropractic Examiners are to expire on April 26, as determined by the enactment date of the legislation that created the board."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
Citations and references
Legislation and statutes quoted or discussed by JM-89:
- "House Bill No. 721" Official PDF
- "Senate Bill No. 753" Official PDF
- "Article 4512b, section 3(a), V.T.C.S." Official PDF
- "Acts 1949, 51st Leg., ch. 94, p. 160" Official PDF
- "the Texas Sunset Act (Article 5429k, V.T.C.S.)" Official PDF
Attorney General opinions discussed by JM-89:
- "Attorney General Opinion M-296 (1968)" Official PDF
- "Attorney General Opinion M-338 (1969)" Official PDF
Source
- Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0089
- Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0089.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.
The Attorney General of Texas
JIM MATTOX
Attorney General
November 9, 1983
Ms. Edna A. Parsons
Executive Secretary
Texas Board of Chiropractic Examiners
1300 E. Anderson Lane
Building C, Suite 245
Austin, Texas 78752
Opinion No. JM-89
Re: Expiration date of terms of members of Board of Chiropractic Examiners
Dear Ms. Parsons:
You have asked whether the expiration date of the terms of office for the members of the Texas Board of Chiropractic Examiners is determined by the date of the first appointment, the legislative enactment date, or the recent legislative extension date.
The Texas Board of Chiropractic Examiners [board] was created by the Fifty-first Legislature when House Bill No. 721 became effective April 27, 1949. Four months later, on August 4, 1949, the first members to serve on the board were appointed. Since that time, the board has recognized August 3 as the expiration date of the terms of its members.
Some twenty years later, Attorney General Opinion M-338 (1969) held that
[T]he commencement date of the term of office of an individual serving on a board, agency, commission or committee of the State of Texas, created by a statutory or constitutional provision which is silent to the commencement date of such terms of office, is fixed by the effective date of the legislative enactment or constitutional provision creating such office . . . .
During the Sixty-seventh Legislature, the life of the board was extended by Senate Bill No. 753. This bill became effective September 1, 1981.
The State Auditor, following Attorney General Opinion M-338 (1969), has previously recognized April 26 as the expiration date of the terms to which the board's members were appointed because April 27 was the effective date of the original statute. He is now uncertain as to which date should be the expiration date (i.e. April 26, August 3, or August 31). We believe that the expiration date of the terms should be determined by the effective date of the legislation creating the board. Therefore, the expiration date should be April 26.
Although there have been a number of Attorney General's Opinions that take the position that the terms of office should commence upon the date of the first appointment of the first board member, this position is appropriate only when the commencement date of the term cannot be determined from the language of the enactment. See Attorney General Opinion M-338 (1969). Article 4512b, section 3(a), V.T.C.S., stated:
A Board to be known as "The Texas Board of Chiropractic Examiners" is hereby created. No member of said Board shall be a member of the faculty or Board of Trustees of any chiropractic school; and all appointments to said Board shall be subject to the confirmation of the Senate. The Texas Board of Chiropractic Examiners, which hereinafter may be referred to as "The Board," shall be composed of nine (9) members whose duty it shall be to carry out the purposes and enforce the provisions of this Act, and the Governor of Texas shall, upon the taking effect of this Act, appoint nine (9) graduate chiropractors to constitute such a Board, who shall have been residents of this State, actually engaged in the practice of chiropractic as defined in this Act, for at least five (5) years immediately preceding the passage of this Act . . . . (Emphasis added).
See Acts 1949, 51st Leg., ch. 94, p. 160. Since this statute called for the governor to appoint the board members "upon the taking effect of this Act," the intention of the legislature was for the term to begin on April 27, the effective date of the act.
In addition, Attorney General Opinion M-338 (1969) overruled prior opinions as they were in conflict with its holding that the commencement date of a term of office is fixed by the effective date of the legislative enactment. As Attorney General Opinion M-338 stated:
[I]t would appear that a board . . . created by a . . . statutory enactment of the Legislature would come into existence on the effective date of the . . . statutory enactment. In turn, it would likewise seem to follow that any appointive positions upon a board . . . would come into existence on the effective date of the statutory enactment . . ., unless otherwise provided. (Emphasis added).
Attorney General Opinion M-338 set forth two rules, the first of which stated that where the enactment that created the board provided for staggered terms for the members of the board, then the legislature, absent any indication to the contrary, intended the commencement date of the term to be the effective date of the enactment creating the position. This was the holding of Attorney General Opinion M-296 (1968) and was reaffirmed by Attorney General Opinion M-338. Therefore, it has long been the opinion of this office that the term of a position commences on the date of the legislative enactment, absent any indication to the contrary.
The third expiration date in question arises as a result of the sunset legislation by the Sixty-seventh Legislature, effective September 1, 1981. These amendments should not change the appointment date in question, since as stated in Attorney General Opinion M-338,
an amendment to the statutory . . . provision creating . . . a board . . . does not change the commencement date of the terms of office of the members of such . . . board . . . unless such amendment clearly has as its purpose such a change. (Emphasis added).
The legislation does not express a "clear purpose." The Bill Analysis to Committee Substitute Senate Bill No. 753, states under purpose:
[U]nder the Texas Sunset Act (Article 5429k, V.T.C.S.) the Texas Board of Chiropractic Examiners is scheduled to be abolished unless continued by Legislative action. C.S.S.B. 753 would continue the Board of Chiropractic Examiners as the policy making, examining and licensing body for chiropractic. (Emphasis added).
Bill Analysis to Senate Bill No. 753, prepared for Senate Committee on Government Organization, filed in Bill File to S.B. No. 753 (bill extending the life of the Texas Board of Chiropractic Examiners), Legislative Reference Library. Therefore, it is clear that the intent of the Sixty-seventh Legislature was only to "continue" the board. Since this legislation only "continued" the board and in no way "re-created" it the requirement set forth by Attorney General Opinion M-338 is not met.
SUMMARY
The terms of the members of the Texas State Board of Chiropractic Examiners are to expire on April 26, as determined by the enactment date of the legislation that created the board.
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton
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