Legislative Messages of Hon. James V. Allred, Governor of Texas 1935-1939 Page: 30 of 263
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February 11, 1935
To the Senate of the Forty-fourth Legislature of the State of Texas:
I understand that amendments will likely be offered to the State
Planning Board Bill proposing to divide the appointive power between
the Governor, the Lieutenant Governor and the Speaker of the House;
and also to provide that certain State officials shall serve as members
of such board.
I have stated to a number of Senators personally that I have no
objection to substituting the Chairman of the State Board of Water
Engineers for the Secretary of State. With reference to placing other
state officers upon the board, however, I wish to call your attention
to the fact that practically every state officer already has more duties
to perform than he can efficiently discharge. The efficiency of most of
the state boards on which state officers perform ex-officio duties is impaired
due to the fact that they do not have sufficient time and responsibility,
for the faithful discharge of those duties; and because responsibility
is divided between a number of elective and appointive officers.
I also trust the Senate will not seriously consider the proposal to
divide the appointive power between the Governor, the Lieutenant
Governor and the Speaker of the House. Since the framing of the
Constitution appointment to state or district offices has always been
regarded as an executive function. Indeed, there is a serious question
as to the constitutionality of placing this appointive power in the legislative
department of the Government. The proposed division of appointive
power is a very recent innovation. From the standpoint of harmony
and efficiency it was not successful in the case of the State Relief Commission.
of the chief objections to such proposal is made clear by a companion
message addressed to the Senate this day submitting the names
of appointees to the directorship of the Colorado Valley Authority for
confirmation. Under the Act, the appointive power was divided between
the Governor, the Attorney General and the Land Commissioner. The
Governor, the chief executive officer of the State, is required under the
Constitution to submit the names of his three appointees to the Senate
for confirmation; yet the Attorney General and the Land Commissioner
are not required to do so.
After all, if the Governor is given this appointive power, the Senate
under the Constitution will have to approve the appointments. As Attorney
General two years ago, I held that the appointive power is co-equal
between the Governor and the Senate. Since you have an equal voice
with me in seeing that capable and qualified people are appointed to
this board, it would seem unnecessary to provide for any division of
the appointive power.
Again may I respectfully suggest to you that the functions of the
State Planning Board will be largely advisory to the Governor. The
Federal Government, of course, largely deals with the State through
the Governor. He has not the time to make a careful study of public
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Allred, James V. Legislative Messages of Hon. James V. Allred, Governor of Texas 1935-1939, book, 1939; (texashistory.unt.edu/ark:/67531/metapth3899/m1/30/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .