Eonorsblo F. C. Fo1t.o~ 

Acting President 

A. & Iv'.. College 

Collep Station, Texss 

D-w Dr. %itonr Opinion Ipo. O-5667 

Rer Yðer the Board of Directors of 

Texas A. & 11. Collage my delegate to 

the Frbsident of tie College, or to 

SOCIB OthGr officer of the College th;a 

power to sign on behalf of the College, 

rsntel con'cmcts GxGolited in sccordence 

with the provisions of S.E. 266, 46th 

Legislatme. 

Tie so’knmlsdge reoeipt of your inquiry cmoarning the above subjsot mittw, 85 followsr 

"Ke have been advised by the State "Doard of Control that rental contracts 

3xeclited by the Co!lege, in aocordancs with the provisions of Secets Bill 

x0, 256 , p2ss3d hdr th3 Forty-eighth Legislature , must be signed by sach r.e~fter sf the Ecerd of Direckors, of tie College. 

"Eased on famar rJpinl~@ns frm your office, xe are of the opinion that such 

contracts, even though signed by each of the mam%ers of the Board of Direotars individually, do not bind the Collep, or the States and that the more 

appropriate mamnr xould he for the bard of Directors to z.~tbori~e an ind<- 

vi2i:el to sirn in?. 
Eon. F. C. Bolton, page 2 (O-5667) 

to another iusofsr as it embodies an offiolal or governmental discretion 

v~t:atsocvor. hlere nattars of clerical or ,jnistarial duty may be perfo~.- 

ed by oQx+rs, to 5s sure, ixt the execution of a lease instrxment, such 

as is contemplated by Senate ail1 No. 266, is not such clerical or ministerial act, but, on the contrary, is the doing of ao official aot involving a SW.& disoretinn, and nsy not ba dose except %y the offiaer or 

board in whom the tsust is confided and the duty imposed. 

In the case of a board, the statviory power or authority is to 

ho axecutsd by ths board as a body. That is to say, at a nesting of the 

%board dilly assembled, azd Eat %y the 'individual and separate action of the 

nanb~rs ottmwi~e than as a bdy. 

In Webster v. Texas and Pacific liotor Transport Co., 166, S.W. 

(2) 75, Chief Justice AluxanCer, speaking for the Supro~oe Court, said: 

"It is a well-established rul in this Stats, ~.s well as in other states, 

that where the Legislat;ure has comnittsd a matter to a board, bureau, -onniSS50?!, or other e~&i,nistrative age~cg, such howd,7-r?iree.u, or co!z,;ission 

rxust act thereon as a body at a stated neeting, or one properly called, 

aEd of whioh all the ms:abers of such Fosrd ka-ve notice, or of -hioh they 

~a ~:;vsn opporttiity to attend. Consent or ac~~uissoence of, or agres-r,ant 

by the individual members acting separately, and not as a body, or Ey a 

rmbor of the xx~~!&rs less *an the whole acting colleotivaly at an unscheduled meeting, withwlt aotioe or opportunity of the other narc5ars to 

attend , is not sufficient.n 

The ssme thi~ng was held in Houston & North Texas Kotor Freight 

Lines v. Johmon, 166 S.W. (2d) 78, cn the sh7re day. Xany CESSS NGI-G cited 

by iAe Chief >~stice in supFort of the ruling. 

This Departzwnt has uniformly rendered opinions ti the sam effect, notably, Opioions Nos. O-5366, O-5296, O-1126, O-5292, and O-5333. 

Rare, however, the S;ard has duly acted as a body, it nay, by 

appropriate resulution, authorize the President, or aizy other officer of 

the Colieze, to execute CJle instrunont in '3,e name, for an; on bek:slf of 

the hard. 

OS-K?:&gW By /s/ Ocie Spser 

APP?(OVED NW 26, 1943 Ooie Spwr 

/s/ Gerald C. jda?in Assistant 

ATTORNXY GEKGUL OF TZXAS 

AE'PXO\TD: Opinion Comnittse, 8y BWB Chairman