OFFICE OF THE ATTORNEY GENERAL OF TEXAS

**AUSTIN**

May3, 1939

Honorable TomL. Beaucheap Seorettrry 

### 0r State kubtln, Texas

Dear Sir:

the Searetcry berore the

the Aaalstant Soorstary of

'\ 

### *(4).--hat tlmos the Aaalstant Soorvttrry Of State should algn osrtifloatss and other dooumanta rt8A,sslstant Secretary of Stat8 and at other tla.8 amAotlng Secretary of State, than when should he sign as Aotlnq awl when aa Assistant .5.oorotory of State'?"Honorclble TomL. tieauohamp, yl:~y3, 1e.79,l'ug1~2

It will bo observed that the ertlcla of the statute above referred to provides that the i+snlstcint jeoretory of State "shall perform all the duties required by lnu to be performed by the Seorotflry of Stuts rhsn the said Seoratary of Stats 1s absent or unable to sot for any reason. Suoh Asslstsnt shall perform ruch other duties ar,shall be rdqulrrd of himby the :Yeoratary of Stats....w

Byvirtue 0r the prorlalons 

### 0rthe stutute, the authority of the Assistant Seoratarp of State to sot at all depends upon the happening or oertain events xesorlbsd bythe Eitatute. By th. seoond oontlngenoy presorlbed by the statute, the Aaelstant Seorstary of State le authorized to and rsqulrsd to perform such duties ae the Seoretory of State shall delegate to himfor performanoe. Under thle eeotion of the statute, then, the authority of the Assistant Sooretary of State to perform a partloular duty depende upon whethsr ths 

### Soorotaryof State has lnatruoted hl!+ to perform suah duty. Thefull authorlty of the Aealstant Seorstary of State thus 

### toaot arises rrom the et::tuts lnveatlng himwith suoh authority whenthe oontlngsnoy mentioned in the statute la met - that 

### is,whan the authority to perform the partloul,,r aot has been delegated by the Secretary of State. There 1s nounlawrul dalagatlon ot authority by the Seoretary of State, ror the Seoretary of State and the Asalstant Seoretary of State are both oraaturem of the law. The duty andthe authority to aot is an lnoldent cl the orrioe, and not 8personal one, and there 1s nothing to ?rohlblt the lsglslaturs from authorlzlog, amit haa in this aot, the p0rronnanoa of oertaln atetim l ttaohed to the 0rri0e 0r Sooretary of Stats by the Aeslstant Ssoretary of State whenthe Secretary of State shall see fit to roqulrs the perfonaanoe of suoh duty by the.Aaalstunt Seoretary of Stats. **Prdfer** Y. Mahnke et al, (Commission of Appeals, Seotlon 8, opinion adopted by the ZiupremsCourt ) 260 S. U. 1031.

Onthe other hand, hyvirtue of the provisions or the statute, eren though there maybe no delegetlon of authorltf by the Seoretary of State, yet in the event the Sooretary of State 1s absent or unable to aot for any reason, the Assietant Seors

### taryof State 1s authorized by the statutes to perrorm all ths -Honorable TomL. Beauchamp, May3, 19?9, Page 3

dutlse required by law to be performed by the Seoretnry of State. If the oontlngenoy mentioned ln this partloular aeotlon or the aot 000urs, the authority of the Asolstant Seoretary 

### orstate to aot 

### laoomplete.

Thepurpoee or the atatute olted above 1s obviously to expedite andfaoilitate the perfotmanoe of the dutlea 

### lmposed by law upon the offloe of Seoretary or State, Theaot should be liberally oonstrued so aa to give lfieot to that purpose. With this purpose in mind, it is the oplnlon of this department thAt it 1s not neoessary that the Seoretary of State 

### beabsent 

### rroaths olty before 

### theAsslcttant Seoretsry of State would beauthorized to aot, but, on the oontrary, that his abson08 tram the orrloe or the Secretary or State at the time the oooaslon ror acting arlsee 

### 1saufflolent to authorize the Anslstant Seoretary of State to 

### aotinhls stead. Llkewlee, it is the opinion of this department that the phrase “unable to aot ror any reason” ohould be liberally oonstrued, andthct the inability of the Seoretary or State to aoti a8therein oontem: plated, mayoonsist ot or be brought about by the volume of other work oommanding ths attention ot the Yeoretary of State and preventing himfrom 

### aotlngin respeot to oertaln duties or 

### hisorrloe, as 

### wellas 

### byphyaloalor mental inability to act. Youare further advised, that, slnoe the aots of pub110 otfloers are presumad to have been done in the proper exerolse 

### 0rlegltlaate powaro, unless the oontrary be shown, the raot that the Aaalrtant Secretary of St::te aots in apartloular matter 

### glrrsrise to the preeumptlon that the oondltlons presorlbed br the atatute authorizing himto aot have arisen. Proffer f. Mahnke, olted aboro.

Your’flrst question 

### abovequoted la thsretore answered in the negative.

Your seoond queotlon 1s answered by the discussion above.
In anawar to your third question, you are: advised that It 

### 16the opinion of this deprrtnent that the Asuletant Seorstary 

### 0rState, whenauthorized by the happening of any or the oondltlona above mentioned to sign oertltlcatee, should sl~n themas!!onorable TonL. Baauohamp, May3, 1939, Page 4

Assletant Seoretary of State. There la 

### DOprorlolon in the statute lor suoh an

### olftoeraa "Aotlng Seoretory of State." If the algnature la aa haalstant Seoratary of State, the prarumptlon above rafarred to would attaoh; but it 

### ladoubtful that auoh apresumptlon would attaoh td the aot of anaotlng Saoretary of State where nosuoh orrloe is prorlded ror by law.

In anmer to your fourth question, you are advised that In our opinion whenever ths Asel&xmt Beoratnry of Stnte mayaffix his signature to any dooument byvlrtua of the happening of the oondltlom above rnantloned, he ahould sign 

### 44Assistant Ssoretary of Stats, and in no lmtanoe should ho elgn anAotlng Saoratary 

### orStats.

Xe **trust** that this opinion will annwer all of the inqulrias to your entire satl8faotlon.

ATTORNEY SfiNEEW.;F TEXAS

Rlohard VI.Falrohlld

Anslatant
RW:FL
APPROVED:

w----- AT'I'ORNEY

GE RAL

### OFTEXAS