FITEXCA~RNEWGENERAL 

OF TEXAS 

ASMJTIN II. -

February 21, 1957 

Hon. R.H. Dixon, Chairman 

Board of Water Engineers 

WW-32, 

1410 Lavaca Street Re: ConstructSon of Art. 7477 

Austin, Texas w,lth respect tb authority 

of Chairman of Board, ab 

oreated by Subdlv. '(3) bf' 

Dear Mr. Dixon: said article. 

With reference to your letter of February 12, 1957, conoc~nlng 

the above captioned matter, which we quote, in part, to-wiztg 

'Will you pleaae advise me whether in your 

o'pinion the ChaSman of the Board has under thie 

provision the responslbillty of administering the ,_ 

affairs of the Board through iti. staff and is in 

aharge of personnel'with respect to hiring and 

flrlng , or whether the Board must act as a unit 

before any employee, other than the Secretary, Is 

hired or discharged for reasons that are in accordance with Board policy.", 

we tender %he following opinion: ' 

Article 7477, VCS, carries forward parts of the Acts, 33rd 

Legislature: Chapter 171, General Laws .(1913). Under the 1913 act, 

the members of tine Board elected their own chairman and the chalrman was not designated~"CNef Admlnlu~trative Office+, of the Board. 

The Board was vested with authority "t6'appolnt such experts andemployees" as were necessary to carxy out; ~the act, as well as a 

Secretary. ( ;: 

The present statute provides' for a continuation of the Board 

as ori laally created by the above inen.tfoned 1913 Act (Subdiv. (l), 

Art. 7 t 77, VCS), but modified such a'ct by providing that the Governo? shall designate one member Chairman thereof - which Chairman 

is designated the "Chief Admlnlstxatlve Officer of the Board" - "with 

suthorit~! to issue notices of public hearings z&thorized by the 

Boar&, ap,:)rove payrolla, and direct "uhe~ eneral administration of the 

office of the Board." (Subdlv. 3,. Art. 7 rs 77, VCS). 
f ib’ Tht.~qkestion presented 3.~ whtither the creaMon of a "Chief 

A&ti,~fstr?tiVe Gff.j.cer of the Marci", with spec4.f <.ed authority to 

lseuc not:c’es of public hearings by the Board, approve payrolls, .a+ ( 

direct tk general administration of the office of the Board by. 

Subdivision (3) of said article removes from the Board, per se; uuthi 

or’it;; to Iilre and fire personnel. 

Subdivision (6) of Arti.cce. 7477 provides that !‘The’.‘Bo&& may . 

appiat such other employees as may be deemed necesstiry. fd~! the” -‘I. 

effi:.l.en* performance of the duties authorized and required of%lt,tii 

law." Subddivlslon (4 j provides th6t the Chhler Engineer shall stli&:-- 

at the sill of ttie Board, and shall possess such quallflcations as 

se Bca 

. & 

may require. Sulxilvisli;r~ (7) provldes that the Board shall 

?Secretiry . (Emphasis supplied! . : . : 

Whiie a precxse definition of "Administrative.~fider" is not 

given by the courts, the term has been oonstkued in Texas la Matits: 

v. Schwlnd, Tex. Civ. App., 101 S.W. 2nd 1085, error refused~ 

~,~ollows: Administrative means %inisterlal;. pertaining to admlnlstratioa; particularly having character OS executive or ndelstetial 

. action, and when iwrticularly applied to speilal duties caaneoted 

vi.tti government, executive; a minIsterid duty: one'in vhlOb.nothi~ 

is left to disoretion.“. 

IN 'nor&3 ani Phraees, Volume 2 *t.page 667, the followlna 

language is found: "The WOI rds tmlnlste~al~ and~~admiolstrativd~ 

may be, and f’rerluenily are,. used interchangeabl::. AZJ iAdm$nl’Btrative 

Officer’ is frer;uently classed as a 3ministerla? OiYber', andolce 

verse . .3x-~fer opeal2 3f ladminint.ratL,~e 

.tive: a ~:nlnla?.~rial duty', 3;: :‘;;e 

' J3s ~.y:iOt~~rno~~WiU1.~'exeOut 

dlscrft~on." 

in Wfii:b ncthiilg is left. to 

To the-same effeb+,, see Volume 2, '9S67. 

.: ; 

It 'C.8 C'lCtAi* from the Z’oregolug, that *&exe Is ,nothins in the 

&k'"ChSef H.di&&trBtlve Cfz'lcer" 'which would ~Lmplg dlsdretion&,y 

authcrrlty tmt aljeci.fic&il: granted. ‘me pr~vis~uu of ~u~lvision (6)~ 

of Articie 7477 specifically vests the '%ard p& ati w&th authority 

.t0 em&i; personnel. #oreOver, this.irc a leg%sla~tI.&:- reenactment' 

of. that >:~?tio~ of thr- lgL3 ict: simi?~riy. ~eatlrig RU& pOwerin the 

Board, E;' 5%. j&c1 the I.+ jialature ?.r;teude;l co reg*til this- por.tion 

of ttie atiT, ft dearly rcdi.: r:nve dme co . :9ut t&is the. Legislature 

did .?..:t j.:-tc-nd f-c do; : 

$8 

. . . 

in order ‘;i 

V&n it. "zr necessary tc.conatnue an act 

dei.e:~!ii;,e its mcanlwg, It IS settled~.ny 

a !ii.pt oi' iiecSalGr:a that the cwrt silLiuid flrs~t en- ' . 

dez-xr to Hscertalo i;ce legislative intest %:'rOm a 

:+?~:.~a1 *i: +;%; of thz wi?;le enactment." 39 Tei: Jur. 

,. ;tAtux,es ) ,;f?ction 'a. 
Hon. R.H. M.xG:!, Pai:c 3 (WW-32) 

T .._ _ . SUMMARY -N-F. 

We therefore conclude that a reading of the 

entire statute makes plain that the Chalrman of the 

Board of Water Engineers does not have the authority, 

as such, to hire or fire employees, but that this 

power Is speclfl.caily vested in the entire Board. 

.The Chairman, as Chief Administrative Officer of the 

Board, :s not responsible, as such, for the policy 

making fUrJCttCnS of the Board: but is a ministerial 

officer who must act under decisions of the entire 

Board. . 

Very truly yours, 

WILL WILSON~ 

Attorney General 

Houghton Brownlee, Jr. 

qsssstant 

is-b 

?PPRCYRB: ' 

OPIBIO:: ~CORMITTEE 

ii. C;r::dy CMndler, Chairman