Case Information
*1 Honorable F. M. Law
President, Board of Directors
A. & M. College
College Statdonq, Texas
Dear Sir: opinion NO. 0-6037
Re: Power of Board of Directors of A. & M.
College to delegate to President authority under Artisle 26l3, V. A. C. S.: to appoint officers, 'teachers and employees.
We ahknowledge receipt of your opinion reluest reading, in part, as follocrs:
"R. c. s., Art. 2613 states that the Board of Directors of the Agrin cultural and Mechanical Coliege of Texas p shall, when necessary, appoint the president and professors of ,the co.l::.ege axd such other officers as,. from time to time, they may think proper to keep the co "Iecge in success- ful operation and may from time to ,time abol?sh any offl,oe that is in their judgment snecessary.'
"As a practical matter, it is impossible for the Board of Directors to know thet merits or demerits of es:;:; i.ndioiduei offixrF teacher and employee at the c01lege~ Tne 'board necessarily must relg upor,; the administrative offi:ers with respe? to a5 officers:- te.a;;e~s and employees below a certain bracket. With these zn,oughts in m?:nd, the Board at an early date .will consider passing i&e foLowing rwles "'The president of the college, the vice president and dean of the college, the deans: the business manager9 the dfre&ors of extramural services, and the dean and princips 1 of 5he branhh colieges shaal.1 be elected by the Board of Diretors. Al1 other ofii.:ers. teachers and employees shall be appor.ri*&d'by the president of the coiiege, uponthe advise and recommendation of the head of the department concerned. Any officer, teacher 0x1 employee may be dismissed at any time for ca-tise upon a majority vote of the entire Board of D;rectors." "If the above rule would be contrary to the law in any respect, then the Board yould l%ke to know if such objection would be cured by adding after the word cconcerned: this language: 'subject to confirmation of the Board of Directors.*
"In short, the Board is desirous of 'k?ow;:xg ~Wh~.t.h.e? 0x3 t?of it may lega3.l~ delegate any of its poweers con.+ain.eJ. :r; ,t:,a fibwe .lf*ooted R. C. S., Art.
2613, and, if so? to what extert."
It is our opinion that the:.Board of Directors may not deLeg%i;e to the president of the college th,e power to appoint Off1 XX's and pz?of~sso~s upon the advice Tha apsoij~tnent and recommendation of the head of the ~3epmtureit ::o:,!1:eme;;1. of these persons involves the exercise of disr:se?ion and since t~he s'wtute imposes the duty to make such appointmerits on the Board of Directors, the law prohibits a delegation of the power. Home ZooLogical Arena Co. v.
City of Dallas, 45 S. \I. (2) 71,4. Webster v~. 'Texas & Pacific: Motor Transprt Co., 140 Tex. 131; 166 6. W. (2) 75.
It is our further opinion ,thwt CZIe words "a IJ'!- .i + c,t; to 20: I">.. ;m ,?: j~on of the Board of Directors" after the war.' I'. 011 r: e:r"'% 3 li WOlJ'~ ,.., i so~i+: "' t!Le suggested rule.
The creation of an advisory Board whose acts a'+-1 180~ bin'iing mt:U approved by the governing body is not a deLegat?.or,l of pm?w. Moom 't'. Lo~;3nn, 10 S. W. (2) 428.
Trusting that the foregooing answers youc im&yes,, 'we are.
Yaws 'ver'y ,tr ll,lg ATTORNEY '7EIQXAZ OF TEXAS APPROVED my 29, 9p4h
s/ACTING GEORGE C, BIACKEURX
ATTQRNXY GENERAL OF TEXAS
APPROVED OPINION COMMITTEE
BY g. S. CHAIRMAN