THE i%'X7?ORNEY CENEKAL
OF %?LCXAS

Honorable W. Lee O'Danlel Governor ofTexas Austin, Texas
Dear Sir: Opinion NO. o-2662 Re: Constitutionalityof Article 4413, Section 11, Vernon's Revised Civil Statutes.
In your letter ofAugust 28, 1940, you ask for an opinion upon the constitutionality,under Article 4,~Section 10, of the Constitutionof the State of Tejlas, of Se&Ion 11 of Article 4413, Vernon's Revised Civil Statutes.

Article 4, Section 10 of the Constitution In part as follows:

"He (theGovernor) shall cause the laws to faithfully executed,

. . . .' provides

be

In 1901, the Legislaturepassed legislationwhich provided for the organizationof the Ranger Force and provided that this force shouldalways be under the command of the Governor, for the purpose, among others, of aiding in the enforcement of the laws of the State. In the act of the 44th Legislature, incorporated LnVernon's Civil Statutesas Article 4413, the Texas Ranger Force was transferred to and placed under the jurisdictionof theDepartment of Public Safety, constituting such Texas Rangers a division of the Department of Public Safety.

You ask whether this later law is constltutlonal, under the section of the Constitutionabove referred to. You also ask thatwe advise you, Ifwe find that the law Is constitutional,what means the Governor has of carrying out his constitutionalduty of "causingthe laws to be falthfullyexecuted."

The provision of the Constitutionabove quoted does not require or contemplate that the Governor is himself to execute the laws of the State, but is intenaed only to obllgate him to see that the proper officers of the State do execute such laws. shields VS. Bennett, 8 W. Va. 74. SuchHonorable W. Lee O'Daniel,page 2 0-2662

generalwords as are found In this constitutionalprovision cannotbe made the basis of an lmplicatlonofwant of leglslatlve authority to vest the execution of the laws of the State fn such officersas may seem to the Legislature necessary or advisable. Henry vs. State, 87 Miss. 1, 39 so. 856.

Insofaras the'matter of the means by which the Governormay compel the laws to be faithfully executed Is concerned, there is little that he can do save to bring about the faithful executionof the laws by moral suasion. In exceptional circumstances,when the civil arm of~the government Is powerless because of invasion, InsurrectIon,or anarchy, the Governor has the power to call forth the M~lltla~to execute the laws of the State. ConstitutionArticle 4, Set-~ tlon 7; Rose ManufacturingCompany vs.Western Union Telegraph Company (CivilAppeals) 251 3. W. 337. In instances where the Governor has the power to remove officers of the government, he has, by virtue of that authority, a means of compelling the laws to be falthfullg executed.

In the case ofHouston Tap and Brazoria Rallway Companyvs. Randolph, 24 Tex., 343, the court said:

. "TheGovernor 1s the head of the executive department of the State, and it is made his duty, by the constitution, to 'takecare that the laws be faithfully executed.' It is evidently contemplated, that he shall give direction to the management of affairs, in all the branches of the executivedepartment. Otherwise he has very little
t0 do. Where he has the power of removal, he can assume authoritativecontrol absolutely, Ln all of the departments. This being the caee in the United States government,results in the entireunity of its executivedepartment. The absence of that absolute power of the chief executive in this state,must occasionallyproduce a want of harmony in the executive administration,by the inferiorofficers of that departmentdeclining to complywith thewishes, or to follow the judgmentof the governor. That is an inherentdifficulty in the organizationof thatdepartment, and the conflicts arising out of It, cannot be adjudicated or settledby the judiciary. The fact that there is no remedy for an Injurygrowing out of such conflict, cannot justify another department, to wit, the judiciary, in overstepping the boundary of itsprescrlbed,,authority, for the purpose of furnishinga remedy. The court in that case goes on to point out that theHonorable W. Lee O'Daniel,page 3 o-2662

authority to providemeans by which the governor may be able effectivelyto 'causethe laws to be faithfully executed" rests In the legislativebranch of the government, and until the leglslatlvebranch of the government shallprovide those means, there is little that the executive is able to do in order to effectively compel the faithful execution of the laws of the State of Texas.
Yours very truly
ATTORNEYGENERAL OF TEXAS

By s/R.W. Fairchild Richard W. Fairchild Assistant
RWF: rw :WC

APPROVED SEP 5, 1940 s/Gerald C. Mann ATTORNEY GENERAL OF TEXAS Approved Opinion CommitteeBy s/BWB Chairman