Tie so’knmlsdge reoeipt of your inquiry cmoarning the above sub- jsot mittw, 85 followsr

"Ke have been advised by the State "Doard of Control that rental contracts 3xeclited by the Co!lege, in aocordancs with the provisions of Secets Bill x0, 256 , p2ss3d hdr th3 Forty-eighth Legislature , must be signed by sach r.e~f- ter sf the Ecerd of Direckors, of tie College.

"Eased on famar rJpinl~@ns frm your office, xe are of the opinion that such contracts, even though signed by each of the mam%ers of the Board of Direo- tars individually, do not bind the Collep, or the States and that the more appropriate mamnr xould he for the bard of Directors to z.~tbori~e an ind<- vi2i:el to sirn in?.

Eon. F. C. Bolton, page 2 (O-5667)

to another iusofsr as it embodies an offiolal or governmental discretion v~t:atsocvor. hlere nattars of clerical or ,jnistarial duty may be perfo~.- ed by oQx+rs, to 5s sure, ixt the execution of a lease instrxment, such as is contemplated by Senate ail1 No. 266, is not such clerical or minis- terial act, but, on the contrary, is the doing of ao official aot involv- ing a SW.& disoretinn, and nsy not ba dose except %y the offiaer or board in whom the tsust is confided and the duty imposed.

In the case of a board, the statviory power or authority is to ho axecutsd by ths board as a body. That is to say, at a nesting of the %board dilly assembled, azd Eat %y the 'individual and separate action of the nanb~rs ottmwi~e than as a bdy.

In Webster v. Texas and Pacific liotor Transport Co., 166, S.W. (2) 75, Chief Justice AluxanCer, the Supro~oe Court, said: speaking for "It is a well-established rul in this Stats, ~.s well as in other states, that where the Legislat;ure has comnittsd a matter to a board, bureau, -on- niSS50?!, or other e~&i,nistrative age~cg, such howd,7-r?iree.u, or co!z,;ission rxust act thereon as a body at a stated neeting, or one properly called, aEd of whioh all the ms:abers of such Fosrd ka-ve notice, or of -hioh they ~a ~:;vsn opporttiity to attend. Consent or ac~~uissoence of, or agres-r,ant by the individual members acting separately, and not as a body, or Ey a rmbor of the xx~~!&rs less *an the whole acting colleotivaly at an un- scheduled meeting, withwlt aotioe or opportunity of the other narc5ars to attend , is not sufficient.n

The ssme thi~ng was held in Houston & North Texas Kotor Freight Lines v. Johmon, 166 S.W. (2d) 78, cn the sh7re day. Xany CESSS NGI-G cited by iAe Chief >~stice in supFort of the ruling.

This Departzwnt has uniformly rendered opinions ti the sam ef- fect, notably, Opioions Nos. O-5366, O-5296, O-1126, O-5292, and O-5333.

Rare, however, the S;ard has duly acted as a body, it nay, by appropriate resulution, authorize the President, or aizy other officer of the Colieze, to execute CJle instrunont in '3,e name, for an; on bek:slf of the hard. By /s/ Ocie Spser

OS-K?:&gW APP?(OVED NW 26, 1943 Ooie Spwr /s/ Gerald C. jda?in Assistant ATTORNXY GEKGUL OF TZXAS AE'PXO\TD: Opinion Comnittse, 8y BWB Chairman