R-832

**AUHXN na.**  **TEXAS**

November 20, 1947

Hon. James C. Jones Opinion Xo, V-436. Executive Director Veterans'Affairs Commission Re: Power, of the Veterans' Austin, Texas Affairs Commissionto delegateauthority to its Director to sign pay vouchers,

Dear Sir:

Your letter of,September 25, 1947,reads in part as follows:

"Your opinion is requested on the following:
"1. Under Section 6, H. B. #IS, doec the VeteransAffairs Commissionhave the adthority to delegate to the Director,as Executive Officer of the Commission,the right to sign pay vouchers for salariesand other expenses incurredby the Commission?
"2

. If the Commission cannot delegate the foregoingauthority to the Executive Director,would the Chairman of the Commission be authorized to sign pay vouchers for salaries and other expenses incurredby the Commission?
"3

. If que,stions 1 and 2,

are answered in the negative,how many members of the Commission are,required'toaffix their signatures to pay vouchers for salariesand other expenses incurred'bythe Commissionbefore the Comptroller can certifythem forpayment?"
The urpose of a voucher is to furnish evidence to the Comptro

Pler that the expenditure1ha.s been incurred or apP roved by the proper authority. In this connection, Artic e 4355, V. C. S., sets out the form of that evidence as follows:Hon. James C. Jones, Page 2, V-436.

"All claims and accounts against the State shall be submittedon forms prescribed by the Comptrollerand in duplicate,when requiredby him except claims for pensions, and shallbe so preparedas to provide for the entering thereon, for the use of the Comptroller's Department as well as other appropriate matters, the folfowing:
"1. Signature of the head of the department or other person responsible for incurring the expenditure."
SinceArticle 4355 is:directedonly at the form to be used, which shall provide, among other requisites, for the signature of the proper authority, the question arises as to who is the "head of the department orother person responsible for incurringthe expenditure." This question is pertinent for the purpose of determiningwho shouldapprove the claims o,r accounts.

An examinationof House Bill 18, (Acts 50th Legs.,R. S Ch, 363, page 728) creating the Veterans' Affairs Co&ission indicates that the Commission itself is the functioninghead of all activities of the Commission. With reference-tothe expenditure of money for silaries and expe,nses, Section 5 of the Act provides:
"Suitableoffices and office equipment shallbe provided by the State of Texas for the-veterans',

Affairs Commission in the City of Austin. The Commissionmay incurthe necessary expenses for office'furniture, stationery, printing, incidentals,and other expenses necessaryto perform itswork, and sufficient office personnel, stenographers,typists, and clerical,help shallbe employedto maintain the efficient operation of the office, The Commission shall be authorized to paythexpenses provided in paragraph 5 hereof from the appropriationhereinafter transferred to the Commission."

In addition,when dealing with the functions of the StateApproval Agency for Veterans' Education, Section 8 provides in part:

lTIncident'al

expenses for the operation of the Agency--such as postage, stationery,Hon. James C. Jones, Page 3, V-436.

telephone and telegraph, and other contingent expenses--shallbe paid by the Veterans' Affairs Commission.

. . " With reference to the duties of the Executive Director, Section 6 of the Act provides in part as follows:
"The Director shall be responsible for placing into operation the policies and instructionspromulgatedby the Veterans'Affairs Commission,and shall serve as Executive Officer of the Commission,but he shall not have the power to vote. The Director shall be in charge of the offices of the Commission, shall direct the paid personnel of the Commission,and be responsible to the Commission for all reports, data and so forth, required by the Commission."

Numerous opinions rendered by this department have held that it is without the authority of Boards similarly created as yours to delegate their discretionary functions to an ExecutiveDirector of approving vouchers for the issuance of warrants, in the absence of an express statutorygrant of authority to the Executive Director to approve vouchers. O-5366, and V-286. Opinions Nos. O-5292, O-5333, There being no indication in your inquiry to the contrary,we shall assume that your reference as to whether the Executive Director shall "signs the vouchers includes "approve",and does not presuppose that the Commission has "approved"them prior thereto.

With regard to your first inquiry as to whether the Veterans'Affairs Commissionmay delegateits authority to the ExecutiveDirector of the Commissionto sign, for the purpose of approval, pay vouchers for salaries and other expenses incurred by the Commission,we quote the following language from Horne ZoologicalArena Company v, 'Cityof Dallas, 45 S. W. (2d) 714:

"The general rule is that, where the law creates a board to have charge of the affairs of a municipality or a particular part thereof, suchboard may appoint agents to dischargeministerial duties not calling for the exercise of reason or discretion, but it cannot go beyond this and delegateHon. James C. Jones, Page 4, V-436.

to others the discharge of duties which call for reason or discretion, and which are regarded as a part of the public trust assumed by the members of such board. The power to exercise discretion in matters intrustedto suchboards cannotbe delegated, surrendered or bartered away."
There being no express statutory delegation of authority to the Executive Director to approve vouchers for the issuance of warrants, the Commissionalone has the non-delegablediscretionary function of approving such vouchers. The Executive Director is not vested with the discretionary functionwhich is granted to the Commission by Section 5 of H. B. lg,,supra,and in matters pertainingto the exercise of discretion,he consummates the policieswhich have been determined by the Commission in its discretionaryauthority,,

&Uth regard to your second question of whether the Commission can delegate its authority to the Chairman to si,gn

pay vouchers for salaries and expenses, again there is no indication that such vouchers have been theretofore approved by the Commission. Clearly, in the absence of a grant of express statutoryauthority, the Chairman of the Commission cannot exercisea discretionaryfunction alone, The~voice of the Commissionmust speak, State,Board of Registration for Professional:Engineersv. Hatter, 139 S. X. (2d) 169.

If, however, the Commissionhas approved nayment of the claim while acting as a bodv. it mav delegate by a proper resolution the ministerial function of the vouchers on behal,f of the Comsigning or executin; mission,to elthc

!rt e Executive Director or the Board Chairman. See Opinions No, s. V-286. and ~0-5667.rendered l;y this Department.
Your third question involves the number of members of the VeteranstAffairs Commission required to affix their signatures to pay vouchers, for salaries and other expenses,for certificationby the State Comptroller.

Section 4 of H, B. 18, which creates the Commission, indicates the folloiving:

r1 0Three,(3)members shall constitute a'qiorum and no action shall be takenHon. James C. Jones, Page 5, V-436.

by less than a majority of the Commission.'i

It is clear that at least three members of the Commissionmust haveanorov@ the expenditure,and that the indication of their approvalmust be made known to the Comptroller, eitherby suchmembers affixing their signaturesto the pay vouchers, or through the medium of attaching to the pay vouchers a copy of a resolution indicatingtheir expressapproval of the individual items contained in the pay vouchers. At 'least three members of the Commissionmust approvethe disbursements;but once they have approved them, the ministerial duty of si the pay vouchersmay be duly delegated to the F Cha rman of the Commission or to the ExecutiveDirector.


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Neither the Executive Director nor the Chairman of the Veterans'Affairs Commission has the authority to approve vouchers for salariesand other expenses incurredby the Commission. Horne ZoologicalArena Corn $y v, City of Dallas, 45 S, ti.(2d) 714. ip Commissionmust act as a body in approving the pay vouchers, and at least three members must indicatean affirmativevote for approval. Having indicated its approval, the Commission may authorizethe Chairmanor the ExecutiveDirector to affix his signature to the voucher.

Yours very truly

ATTORNEY GENERALOF TEXAS

DJC:jmc BY

APPROVED:

+!ii& ATTORNEY GENZRAL.