## 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: Theauthority 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 myabsence from the Austin offices, is it possible, within the law, for w Chief Deputy to sign his namein 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)

. .~adeputies. '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 andLabor Agency Law (V. C. S., Art. 5221a+, Se,c. 1. (g) ') the term "deputy" is defined *Iasany person whois duly authorized by the Commissioner to act in that capacity." Tex. Jur. inHon. M.B. Morgan, page 2 (V-752)

the article entitled “Public Officers,” 34 Tex. Jur. 605, par. 156, says:

“The business of adeputy 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 maylawfully be done by his principal, except to appoint a deputy

. . . The duties imposed bythe statute on anofficer, when performed, are regarded in law as performed byhim, 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:

“Apublic official is not authorized. to delegate his official duties to another, other than to adeputy.” 26 C. J. S. 978 defines adeputy as:’

“One appointed as the substitute of another, and empowered to act for him in his nameor on his behalf; one whois appointed, designated, or deputed to act for another; one whoby.appointment exercises an office in another’s right; one whooccupies in right of snother; and for whomhis superior will regularly answer; a clerk or similar person with all the powers of the principal. Theposition 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 adeputy maynot makeadeputy. 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 .bean 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 analter 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 aperson 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 onhim,. mayact, 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 andnot by'the ~clerk.



### 46C. J. Title "Officers" p. 

### 1063states: "Whenthe law authorizes an officer to appoint adeputy without any express limitation upon.his power, the duties of the office :.A>, maybe performed ,by.either, and adeputy may
‘exercise.any of' the duties pertaining to the office, as the necessity or convenience of the publio maydemahdtheir use, . . .*' Agreat variety of duties are imposed upon the Commissioner of the Bureau of Labor Statistics. He supervises atidenforces the Boxing andWrestling Law, the Boiler Inspection Law,,~the Health, Safety andMorals Law, the Child Labor Law, the Semi-Monthly Pay Day Law, the Employment.,aca~ LaborAgency Law, the Spider Lawconcerning cotton bales, the 

### 9-54Hour Lawfor Women, andmanyothers. Toassist andhelp the Comiasioner in the performances of his duties the statutes authorize the appointment of deputies. "The business and object of adeputy is to perform the duties of,his principal." Rep. 

### 646. Rose v. Newman, 

### 26Tex. 131,135,80Am;Hon. b1.B. Morgan, page 

### 4 (V- 

### 752)

The statutes donot set out the duties, nor dothey place any limitation upon the duties, of either the chief deputy or deputies. TheLegislature 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 mayin 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 sonotify 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 maydesignate his chief deputy to execute instruments to disburse State funds :;o;is stead whenhe 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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