Texas Attorney General Opinion: O-6037 Page: 2 of 2
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Hon. F. M. Law - Page 2 '0 37)
"In short, the Board is desirous of k'.awri.g 4hetbr or not it may legely
delegate any of its powers contaLied L the abatbo-Ve noted R Co S., Art,
2613, and, if so, to what extent."
It is our opinion that the"Board of Directors may not delegate to the president
of the college the power to appoint off.~l.&s and professcts upon the advice
and recommendation of the head of the depa tmenet zo.oer:ed. The appointnent
of these persons involves the exercise of discretion and since time statute
imposes the duty to make such appointments on the Board of Directors, the
law prohibits a delegation of the power. Korne Zoological Arena Co. v.
City of Dallas, 45 S. W. (2) 7134. Webster v. Texas & Pacific Motor Transport
Co., 140 Tex. 1311 166 S. W. (2) 75.
It is our further opinion that the woalds 'su ct o ofY. nai t on of the
Board of Directors" after the word "on:er :;: :wou o_ I ti.e suggested
rule.
The creation of an advisory Board whose acts a': rot binding ,-utt approved
by the governing body is not a del.egtionu of powe:. Moo:e ', Logan, 10
S. w. (2) 428.
Trusting that the foregoing answers yo',u inpites, we are.
Your s very 't'r uly
ATTORNEY TENi!RA OF TEXAS
s, Faga. DL:.so
By
Fagae, Di x;kso.
Ass istay
FD: Bt
c/b LU . i
APPROVED MAY 29, 1944
s/ ACTING GEORGE C. BLACKBURN
ATTQHRNEY GENERAL OF TEXAS
APPROVED OPINION COMMITTEE
BY 9. S. CHAIRMAN
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6037, text, 1944; (https://texashistory.unt.edu/ark:/67531/metapth263315/m1/2/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.