L- - 

Ron. John E. Taylor 

Chief Supervisor 

Railroad Ccnmnission of Texar; 

Austin, Texas 

Dear S&r: Opinion No. O-1943 _ 

Re: Power of Railroad kission to 

delegate to another the authority 

to sign one of its orders. 

We hrrrre for aoknowladgment your letter of February 9, 1940, 

withdrawing the request for an opinion addressed to this office by 

your letter of February 6, 1940, and substituting in lieu thereof the 

following request: 

"Cnthe 20th day of Deoember, 1939, the Railmad Commission of Texas duly signed and entered its ESPECIAL ORDER 

FIXIMGTRElLUllllBLE PRODUCTION OF.CRUDE OIIL lI8 THE VARIOUS 

FIFiLDS AND DISTRICTS IR TKM,' which *came effeotivp_-January 1, 1940, md in general allocated the oil production in 

the State of Texas for the various fields and Districts in 

Texas as hereinabove set ,out. (h the 24th day of January, 

1940, the Railroad Conmission duly signed and entered its 

-'SPECIAL ORDER FIXING THE AlL0XMI.E PRODUCTION OF CRUDE OIL 

XM l'R& VARIOUS FIELIxi ARD DISTRIS.'%Ili l%XAS,' whioh became 

bffeative February 1,,194Z, akd~in general allocated the oil 

produoti? in the 3tate,of Texas for the various fields and 

Distriots in Texas as hereinabove set out. 

"The last mentioned Order has been in effeot since the 

first day of February, 1940, and is still ti foroe and effect. 

"First. In the.event the Railroad kmmission of Texas desirestoesoind its order o,f January 24, 1940, fixing the 

allolable ,produotion in the various fields of Texas for the 

month of February, 1940, oan 8mne be legally dome by an order 

of the Commission signed by swe person,authorised bymembers 

of the Commission to affix their signatures thereto. 
Han, John E. Taylor, Page 2 (o-1943) 

"Second. Should it b&h@@ -&'yoly lkpaetint that 

the cmty of the Commission can be legally delegated 

by the tidiwidual members of the Commission to 8ome other 

person to sign the order hereinabove referred to, thbn 

please advise whether or not as a basis for the delegation 

of such power it will be neoesaary for the Commission to 

hold a formal tikaring and vote suoh authority by a majority thereof. 

"Third. Should it be held by your Department that the 

Comnission has the power to delegate tha authority hereinabove referred to, then please advise whether or not suoh 

authority may be conferred by the Ccnnmission by a majority 

vote of the Conmrission at a called meeting if such action 

'is taken by the Collmission beyond the territorial limits of 

the State of Texas+ 

"Fourth. Should it be held by your Department that as 

generalproposition the Railroad Commission can delegate the 

authority here,inabove'teferred to,then pleabe advise whether 

or not the Commission could so act Pf;'sittiti 

that the City of Austin within the fkate of P 

i6-a place other 

exasr* .~ 

The Tiailroad Qmmisaion isva public board or oommissioa authorired by the ODnatlt;ut&on ( 1010 16, Ssotion SCI), and created by statuti (Arts. 6444~644'7,'R&%25). Ita member.9 am oloarly State offiaarr 

to whan are confided not only authority of m~ewou~ive n&xm, but also 

authority of a quasi-judicial, quasi-lbgislature oharaotoi, involving 

the exercise of judgment and disaretion,whioh authority is to bo exeroised and performed for and on behalf of the State of TexasThe rule is quit. gensFally reoognizsd that publio offioers 

may not, in the absence of express authority, delegate to another the 

performance of an sot involving the exercise of judment and discretion; 

but may delegate, in the absence of express prohibition, the psrfonnanoe 

of aots which are purely mechanical or ministerial in character. 46 C. 

J. 1033. 

The adoption and raoission of proration rules and orders by 

the Railroad Conanission involve, in the high*& degree, the exeroiss of 

judgment and ditloretion, for auoh orders,when lawfklly adopted and 

pranulgated by the Cummission, have the force and effect of law, prescribing rules of conduct which oonoern, not only the persons directly 

affected by the rule or order, but the wlfare of the State at kg*. 

The power, therefore, to determina~whether a prorat%onu.,ordsr shall ba 

reaoinded cannot be delegated, but must bs exeroised by the Gnmuission 

as auohe 
FIon, Johz,E.. Taylor, Page 3 (O-1943) 

FWthennors, it is not oon+smpIated that the members of the 

Conmission shall act in respect to matters involving the exe@.oe of 

judgment and disoretion as individuals, but as a board. When action 

-by the board on a matter involving the exercise of judgment and disoretipn isto be had, it is contemplated that a meeting of its members 

shall b had, at which meeting at least a quorlrm shall be present, in 

order that the question to ti determined may be freely discussed and - 

full opportu@i+.y afforded for a free exchange of ideas among the members, that the deoisioa finally reached by the Canmission will reflect 

the considered judgment and opinion of the Cammission as such, and not 

the several and independently formed visas of the individual members 

canposing the commission. 

Rhere a duty or powerinvolving the exercise of judgment or 

discretion is entrusted to a bard or commission composed of differant individuals, such board o@n act officially in respect to'~ths dischar-p of that duty only as such, in oonvonsd seasion, with the memlwrs 

or a quorum thereof present. State ex rel Baria v. Alexander, 130 

Sm. 754, 158 Miss. 557; State ex rel Mayer v. Sohuffenhauer, 250 N. W. 

767, 213 Fiis. 29; State v. Kelly (New Max.) 202 Pac. 524, 21A.L.R. 

156; McClellan, Hunicpal Corporations, Sec. 695; 22 R.C.L. 456; 46 C.J. 

1034; 34 Tax. Jur. 457, and Texas oases cited; Mooham, Public Offloors, 

p. 376. 

Moreover, the board is not at liberty to hold such a meeting 

for the determination of a question involving the exeroise of judgment 

and discretion at any place of its choosing. On the contrary, &tiole 

6447, R.S. 1925, provides that "the ocnnaission may hold i5.s session at 

any plaoe within this state when deemed necessary." By dlear implication, the statutory prevision denies to the conmission the authority to 

hold its meetings or sessions at a place outside of the tsriitorial 

limits of this State. Rhan the law confers upon a person pcwersthat he, 

as‘s natural person, does not possess, that power cannot accompany his 

person beyond the boundaries of the sovereignty whioh his conferredthe 

power. and although the Legislature may require or authorize oertain 

official aots to be done beyond the State's limits, such acts are dona 

by express authority or permission, and the power to perfonuthsm outside the territorial jurisdiction of the State is not to be implied. 

Jacksonv. Hunzphrey, 1 Johns (N. Y.) 4981 McCullough v. Scott, 182 N.C. 

865, 109 S.W* 789: Meoham, Public Officers, p. 332; 46 C. J. p. 1032. 

It thus appears that (1) the Commission itself, as such, must 

determine the question whether a proration order shall be rssoindsd (2) 

at a meeting of its members, (3) which meeting must be held within the 

territorial limits of the State of Texas, (4) at which a quorum of the 

Commissionars are present, and (5) that th e exercise of this power can 

not be. delegated, but must be exercised by the Commissionas such. 
Hon. John E. Taylor, Pago 4 (O-1943) 

Whhen the decision of tb Commissionwith nspct to the 

adoption or recission of a proration order has been lawfully made 

by it, the signing of the order itself by the individual Commissioners becomes a mere meohanioal orministorial aot,.whioh may %a dalegated by the Conunissionars. Bee our opinion No. O-1607, attached 

heroto. 

The selection of the person or persons to l xeroiso this power 

of signing ordstr for and at the instanaa and requsst of the individual 

ccawnissionars would seem to involve the reposing of special oonfidenoa 

and trust in the person seleoted, and to that extant the determirr*tion 

of the question involving the exercise of jud@ent and discretion in 

the s&action of such person or persons8 but it is a judgment or disontion to be exercised by the individual ooarmissioners inselecting the 

parsons who shall be authorized tn affix their respsotive signatures, 

and therefore not an act to be performed bythe board M suoh. Henoo 

no meeting of the board for this purpose is required, Aud, since the 

authority to dolegato tc another the mechanioal orminist~rial tinotion 

of signing his name ia a power or privilege;poasosssd by the commissioner as a natural person, that authority may b l xeroised by tha wmmissiknsr at a time when he ,is beyond the territorial limits of the 

state. 

We trust that the foregoing sufficiently an?.wers the questions 

presented by you. 

Yours v*rgr truly 

BY 

a/R. W. Fairohila 

R. W. Pairchild 

Assistalt 

RWF:P%:%w 

_- 

4PmovBD FEB 9, N&O 

s/Gerald C. km 

MTORWEYGEXE9ALOFTEXhS This Opinion Considered 

and Approved in Limited 

Conferen