# The Attorney Gene~ralof Texas September 25, 1981 MARK WHITE Attorney General

Mr. John W. Holcombe,DVM ExecutiveDirector Texas Animal Health Commission Sam Houston State Office Building Austin, Texas 78711 OpinionNo. MW-371 Re: Whether chairmanof Texas Animal Health Commissionmust 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 commissionhas a duty to protect livestock, domestic animals, and domestic fowl from certain diseases and to establishquarantines for thispurpose. V.T.C.S. art. 7014f-1, 51. You ask whether the commission or its chairman must sign quarantinenotices, or whether that responsibilitymay 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-1provides that: All quarantines,written notices and otherwritten instruments signed under the authority of the Chairman of the [Animal Health] Commission shall have the same force and effect as if signedby 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 certifiedby the Chairman of said Comission. (Emphasisadded). You suggest that section 238(15) of article 7014f-1might provide authority for the commission to delegate this responsibility to someoneother than its chairman. That sectionprovides that:

The [AnimalHealth] Commission of Texas is hereby authorized to employ veterinarians, inspectors,

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stenographersand necessary clericalhelp 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 itsveterinarians,inspectorsand other persons for any duty authorizedunder 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 quarantinenotices. However, the second sentenceclearlynegates that possibility. It plainly requires that the signatureof 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, eitherwritten or stamped, to be substituted for that of the chairmanor 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 implicitlywith the subject of signatureson quarantinenotices. We thereforeconclude that the signatureof either the coudssion or its chairmanmust be written or stamped on all quarantinenotices.

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 quarantinenotices.

MARK WHITE Attorney General of Texas JOHNW. FAINTER,JR. FirstAssistantAttorney General RICHARII

E. GRAY III ExecutiveAssistantAttorney General

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Preparedby Jon Bible AssistantAttorneyGeneral APPROVED: OPINION COMMITTEE Susan L. Garrison, Chairman Jon Bible Rick Gilpin Jim Moellinger Peter Nolan Bruce Youngblood

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