Y&m A~IQNEY GENERAL 

0~ TEXAS 

AUSTIN.T&KAB 

PRXCXS DANIEL FAOAN DICWl‘SON 

.wwo-0-L .,--- 

December 22, 1948 

Hon. M. B. Morgan, Commissioner 

Bureau of Labor Statistics 

Austin, Texas Opinion No. V-752. 

Re: The authority of the 

Chief Deputy Cosnmissioner, Bureau of Labor Statistics, to execute instruments to 

disburse State funds 

instead of the Coamissioner when the latter 

:to;bsent from the Cap- 

. 

Dear Sir: 

You request our opinion on the following 

question: 

"In my absence from the Austin offices, 

is it possible, within the law, for w Chief 

Deputy to sign his name in ny stead to instruments calling for disbursement of State 

funds of this Department?" 

Our statute places:the Bureau of Labor Statistics "under the charge and control of the Comaissioner of Labor Statistics" (Art. 5145) and provides 

thathis "office shall be in the Capitol Building." 

Art. 5144. Article 6814, V.. C. S., provides for "the 

Commissioner of Labor~Statistk+s . . . a chief deputy 

p,nvidL~d) . .~ a deputies. 'I' Article 4355, V. C. S., 

. "all claims and accounts against the State 

shall . . . provide for the entering thereon . . . the 

. . . 1. signature of the'head of the department or 

other Pierson, regponsible ~for incurring the expenditure." 

In the Employment and Labor Agency Law (V. C. 

S ., Art. 5221a+, Se,c. 1. (g) ') the term "deputy" is 

defined *Ias any person who is duly authorized by the 

Commissioner to act in that capacity." Tex. Jur. in 
Hon. M. B. Morgan, page 2 (V-752) 

the article entitled “Public Officers,” 34 Tex. Jur. 

605, par. 156, says: 

“The business of a deputy is to perform the duties of his principal. In the 

absence of a statutory provision to the 

contrary, he is generally authorized to do 

all such official acts as may lawfully be 

done by his principal, except to appoint a 

deputy . . . The duties imposed by the statute on an officer, when performed, are regarded in law as performed by him, whether 

actually so performed (by him) or by his 

authorized deputy. In other words, the official acts of the deputy are the acts of 

the principal.” 

Waggoner v. Urban, 177 S. W. 270, 273 ststes: 

“A public official is not authorized. 

to delegate his official duties to another, 

other than to a deputy.” 

26 C. J. S. 978 defines a deputy as:’ 

“One appointed as the substitute of 

another, and empowered to act for him in his 

name or on his behalf; one who is appointed, 

designated, or deputed to act for another; 

one who by .appointment exercises an office 

in another’s right; one who occupies in 

right of snother; and for whom his superior 

will regularly answer; a clerk or similar 

person with all the powers of the principal. 

The position of a ‘deputy,’ as the word implies, is that of a subordinate, and he has 

power to do every act which his principal 

might do, but a deputy may not make a deputy. 

The term is used in composition with the 

names of various executive officers to denote assistants empowered to act in their 

names, as deputy collector, deputy. marshal, 

deputy sheriff.” 

In Bigham v. State,.148 S. W. .(2d) 835, 840, 

the Court of Criminal Appeals in holding a deputy supervisor of the Railroad Commission to .be an officer 

indictable as such for accepting a bribe, said: 

, 
Hon. M. B. Morgan, page 3 (V-752)' 

-That one:.is called a de~puty, carries 

with it the fact that he is an alter ego for 

his superior, being charged with all the duties as well as the responsibilities of.his 

superior, and empowered to perform the acts' 

and 'discharge the duties of such'superior, 

and to that extent becoming the .superior ofi 

ficer himself in his superior's absence. If 

the superior be denominated~an officer, then. 

the deputy would also be such an officer." 

In Udited States v. Roc,kefellex, '221 Fed.. 

462, it was held that where Congres.ahaving ,euthor-~ 

ized the appointment of deputy clerks to the district ~' 

court wi,thout specifically defining, or preecrdbing 

their duties, it mustbe assumed that it was intended-:,, 

that the word "deputy" should have ah ordinary and usual meaning, as a person to whomthe duties of a.-'clerk _' 

are deputed, and the deputy clerk, in the event that 

the clerk is incapacitated, absent,or disabled, and 

cannot perform the du.ties which the law imposes on him,. 

may act, and therefore it did not affect, the valiaityy 

of an indictment, that the names~ were placed in the jury 

box from which grand jurors,,were drawn by'the.de~puty ~~ 

clerk and not by'the ~clerk. 

46 C. J. Title "Officers" p. 1063 states: 

"When the law authorizes an officer to 

appoint a deputy without any express limitation upon.his power, the duties of the office 

:. A>, may be performed ,by.either, and a deputy may 

‘exercise.any of' the duties pertaining to the 

office, as the necessity or convenience of 

the publio may demahdtheir use, . . .*' 

A great variety of duties are imposed upon 

the Commissioner of the Bureau of Labor Statistics. He 

supervises atid enforces the Boxing and Wrestling Law, 

the Boiler Inspection Law,,~the Health, Safety and Morals Law, the Child Labor Law, the Semi-Monthly Pay Day 

Law, the Employment.,aca~ LaborAgency Law, the Spider 

Law concerning cotton bales, the 9-54 Hour Law for Women, and many others. To assist and help the Comiasioner in the performances of his duties the statutes 

authorize the appointment of deputies. "The business 

and object of a deputy is to perform the duties of,his 

principal." 

Rep. 646. 

Rose v. Newman, 26 Tex. 131, 135, 80 Am; 
Hon. b1. B. Morgan, page 4 (V- 752) 

The statutes do not set out the duties, nor 

do they place any limitation upon the duties, of either 

the chief deputy or deputies. The Legislature in .its 

wisdom has seen fit to authorize the appointment of a 

chief deputy and deputies. and does not specifically define or describe their duties. It must therefore be 

assumed that the Legislature intended that the word 

“chief deputy” and “deputy” should have their ordinary 

and usual meaning.. 

In view of the foregoing, the Commissioner 

may in his absence from the Capitol designate the chief 

deputy to approve instruments calling for disburseirent 

of State funds in that department and should you desire 

to so designate your chief deputy, then we suggest ~that 

you so notify the Comptroller of Public Accounts and 

the State Treasurer. This, in our opinion, is ,not absolutely e,ssential, but it would be advisable. 

The Commissioner of the Bureau of Labor 

Statistics may designate his chief deputy to 

execute instruments to disburse State funds 

:;o;is stead when he is absent from the Cap- 

. 

Yours very truly, 

ATTORNEY GENERAL OF: TEXAS 

DW: 1h:wb: bh 

Bv -1 

David Wuhtch 

Assistant 

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