Texas Attorney General Opinion: JM-1117 Page: 3 of 5
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Mr. Vernon M. Arrell - Page 3 (JM-1117)
You are concerned that the statement in subsection (a) of
section 132.002 that the commission is composed of 23
members is inconsistent with the number of members listed in
subsections (b), (c), (d), and (e) of section 132.002. You
ask what the number of commission members should be.
The reason it appears that there are more than 23
members is that subsection (e) contains two redundant
entries. When section 132.002 was adopted in 1983,
subsection (a) stated that the council was composed of 21
members. Subsection (b) provided for four members to be
appointed by the governor; subsection (c) provided for four
members to be appointed by the lieutenant governor; and
subsection (d) provided for four members to be appointed by
the speaker of the house. Subsection (e) provided that each
of nine named state agencies was to appoint a member. The
total number of members listed under subsections (b), (c),
(d), and (e) was 21. Acts 1983, 68th Leg., ch. 308, i1, at
1636.
In 1985 the legislature adopted two different bills
that amended subsection (a) to provide that the council was
.composed of 23 members and added the Texas School for the
Deaf and the Texas Employment Commission to the agencies
listed in subsection (e). Acts 1985, 69th Leg., ch. 603,
24, at 2278 [hereinafter chapter 603]; i. ch. 619, 18,
at 2305 (hereinafter chapter 619]. Although both bills made
the same substantive changes to subsection (e), each one set
out the individual entries under subsection (e) in a
different order. Chapter 603 listed the School for the Deaf
as number (10) and the Texas Employment Commission as number
(11). Chapter 619 listed the Texas Employment Commission as
number (9) and the School for the Deaf as number (10) and
moved the Texas Commission on Alcoholism and Drug Abuse from
number (9) to number (11). As a result of the inconsistent
numbering in those two bills, the list of agencies in
subsection (e) now contains 13 entries. Because the Texas
Employment Commission and the Commission on Alcoholism and
Drug Abuse are each listed twice, however, only 11 different
agencies are named in those 13 entries. Consequently,
subsection (a) of section 132.002, which provides that the
council shall consist of 23 members, is not inconsistent
with subsections (b), (c), (d), and (e) of that section.
You also ask about section 132.004, which provides that
a majority of the members of the council constitutes a
quorum. You ask whether "the 'majority' relates to the
total membership of the council, or only to those members
currently appointed." Agg Gov't Code 311.013(b). Ap. 5874
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1117, text, November 17, 1989; (https://texashistory.unt.edu/ark:/67531/metapth273555/m1/3/?q=%22written+statements%22: accessed June 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.