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.Collagemy 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 GxGolitedin sccordence with the provisions of S.E. 266, 46th Legislatme.

Tieso’knmlsdge reoeipt of your inquiry cmoarning the above subjsotmittw, 85 followsr

"Ke have been advised by the State "Doardof Control that rental contracts 3xeclited

by the Co!lege, in aocordancswith theprovisions of Secets Bill x0, 256, p2ss3d hdr th3 Forty-eighthLegislature,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 signedby each of themam%ers of the Boardof Direotars individually,do not bind the Collep, or the States andthat the more appropriatemamnr xould he for the bard of Directors to z.~tbori~e an ind<- vi2i:elto sirn in?.Eon. F. C. Bolton, page 2 (O-5667)

to another iusofsr as it embodies an offiolal or governmentaldiscretion v~t:atsocvor.

hlerenattars of clerical or ,jnistarialduty 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 statviorypower 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'individualand separate action of the nanb~rs ottmwi~e than as a bdy.

InWebster v. Texas and Pacific liotorTransport 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 comnittsda matter to a board, bureau, -on

### niSS50?!, or other e~&i,nistrative age~cg, such howd,7-r?iree.u, or co!z,;ission rxustact thereon as a body at a statedneeting, or one properly called, aEd ofwhioh all the ms:abersof 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 individualmembers acting separately, andnot as a body, or Ey a rmbor of thexx~~!&rsless *an the whole acting colleotivaly at an unscheduledmeeting, withwlt aotioe or opportunity ofthe other narc5arsto 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 sh7reday. Xany CESSS NGI-Gcited by iAe Chief >~stice in supFort of the ruling.

This Departzwnt has uniformly rendered opinions ti the sam effect, notably, OpioionsNos. 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 aizyother 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