The Attorney Gene~ral of Texas 

September 25, 1981 

MARK WHITE 

Attorney General 

Mr. John W. Holcombe, DVM 

Executive Director 

Texas Animal Health Commission 

Sam Houston State Office Building 

Austin, Texas 78711 

Opinion No. MW-371 

Re: Whether chairman of Texas 

Animal Health Commission must 

sign quarantines 

Dear Mr. Bolcombe: 

Article 7009, V.T.C.S.. establishes the Texas Animal Health 

Commission (formerly the Livestock Sanitary Commission; E V.T.C.S. 

art. 7009a). Among other things, the commission has a duty to protect 

livestock, domestic animals, and domestic fowl from certain diseases 

and to establish quarantines for this purpose. V.T.C.S. art. 7014f-1, 

51. You ask whether the commission or its chairman must sign 

quarantine notices, or whether that responsibility may be delegated to 

the executive director or to other commission employees. You advise 

that all quarantines presently bear the stamped signature of the 

chairman. 

Section 24 of article 7014f-1 provides that: 

All quarantines, written notices and other written 

instruments signed under the authority of the 

Chairman of the [Animal Health] Commission shall 

have the same force and effect as if signed by the 

Colmnission. The signature of said Commission or 

Chairman shall be written or stamped under 

authority of said Commission or Chairman on all 

quarantine notices, and other instruments issued 

by said Commission or Chairman. Any written 

instrument issued by said Commission or Chairman 

shall be admissible as evidence in any Court of 

this State when certified by the Chairman of said 

Comission. (Emphasis added). 

You suggest that section 238(15) of article 7014f-1 might provide 

authority for the commission to delegate this responsibility to 

someone other than its chairman. That section provides that: 

The [Animal Health] Commission of Texas is hereby 

authorized to employ veterinarians, inspectors, 

p. 1241 
John W. Holcombe - Page 2 (MW-371) 

stenographers and necessary clerical help and such 

other persons it may deem necessary for the 

performance of any duty under this Section or the 

enforcement of any provisions of this Section and 

may detail its veterinarians, inspectors and other 

persons for any duty authorized under this Section 

or incidental thereto. 

Taken alone, the first sentence of section 24, which refers to 

quarantines "signed under the authority of the Chairman," might be 

construed as authorizing the chairman to empower others to sign 

quarantine notices. However, the second sentence clearly negates that 

possibility. It plainly requires that the signature of the commission 

x its chairman be written or stamped on quarantine notices. This 

provision enables the commission or its chairman to authorize others 

to use a stamp bearing their signature, but it does not authorize 

anyone else's signature, either written or stamped, to be substituted 

for that of the chairman or commission. 

With regard to your suggestion that section 23A(15) might allow 

the commission to authorize someone other than its chairman to sign 

quarantine notices, we do not believe the section can be read that 

broadly. In our opinion, section 23A(15) is nothing more than a 

source of authority for the commission to employ necessary personnel 

to aid it in performing its statutory duties. It does not deal even 

implicitly with the subject of signatures on quarantine notices. 

We therefore conclude that the signature of either the coudssion 

or its chairman must be written or stamped on all quarantine notices. 

SUMMARY 

Article 7014f-1, V.T.C.S., requires that the 

signature of either the Texas Animal Health 

Commission or its chairman be written or stamped 

on all quarantine notices. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARII E. GRAY III 

Executive Assistant Attorney General 

p. 1242 
John W. Holcombe - Page 3 (MW-371) 

Prepared by Jon Bible 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Jim Moellinger 

Peter Nolan 

Bruce Youngblood 

p. 1243