board might not delegatethe authcr- ity to approveclaims to a non-memberof the board, it might delegatethie authorityto some member of the board under rules and regulationsto be promulgatedby the board. Ia so far as said opinionexpressesthe oonolu- sion that the board may delegateitr discretionaryauthorityto a member of the board,the sam8 is modifiedto conformto the views herein expressed, for, in our opinion,the principleof non-delegation of discretionary fun&ions is just as applicableto a member of a board or ootissicn as to a non-member. This authorityis vested in t31ecommissionaa suoh and not in its members as individuals.
Easedupon the~fcregoing authorities,we concludethat the State Conrmission for the Blind is the head of a deputmantvested with discrati- onay authorityby statute,that it may delegatepurelyministerialact8 to be performedbut may not delegateitr diaorationuy functions;and that the expenditureof moneys appropriatedto it involvesthe sxeroiseof disoretionor judgment.
Fpom your question,we understandthat the Commissiondesire*to make a generalauthorization for exponditure8,and delegate to one or more of its individualmembers,or to its executivesecretary,authorityto approveall expend.&tureafor paymentwithout the neaersityof further(IC- tion by a majorityof tha ConnnissionDIn our opinionthis cannotbe done, and we thereforeansweryour questionin the negative.
Yours very truly,
ATTORliEYGENEFU,OFTEXAS
By /a/ Cod1 C. Cammack
Cecil C. Cammack Acsistmt
CCCwslhnigw
APPROTEDId&Y26, 1943 APPHOVED /s/Gerald C, &UI OpinionCommittee ATTORN'EYGEKERALOFTEXAS ByBVfB Chairman