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The Honorable Jos6 R. Rodriguez - Page 2 (L097-064)
sioners to the board, may by simple majority vote remove those commissioners from the board and
replace them with others. See also Neeper v. Stewart, 66 S.W.2d 812, 813 (Tex. Civ. App.-Eastland
1933, writ ref'd) ("the right to discharge, where no definite term is fixed by law, is in him who has
the right to employ").
Finally, you ask about the procedure for abolishing the position of the county pur-
chasing agent so that an agent could be appointed under section 262.0115. In Attorney General
Opinion DM-35, this office said that unless there is a constitutional or statutory inhibition, the power
to create an office includes the power to abolish it. Attorney General Opinion DM-35 (1991) at 2;
see Bennett v. City ofLongview, 268 S.W. 786 (Tex. Civ. App.--Texarkana 1925, no writ); Carver
v. Wheeler County, 200 S.W. 537 (Tex. Civ. App.--Amarillo 1918, no writ); City ofPalestine v.
West, 37 S.W. 783 (Tex. Civ. App.--1896, no writ); see also 60 TEX. JUR.3D Public Officers and
Employees 25 (1988). As Local Government Code section 262.011 gives the board discretion to
create the position, we believe the board has equivalent authority to abolish it. We find no statutory
or constitutional inhibitions to such an action and believe that it is permissible. Because the board
creates the position by a simple majority vote, that action may be reversed by the same method.
SU M MAR Y
There is no term of office for the positions on the county purchasing
board, which can create and fill the position of county purchasing agent.
Individuals sitting on that board may be removed by the powers that
appointed them. The position of county purchasing agent may be abolished
by simple majority vote of members sitting on the board.
Yours very truly,
Susan L. Garrison
Assistant Attorney General
Opinion Committee