The Attorney Gene~ral of Texas
September 25, 1981
MARK WHITE
Attorney General
Mr. John W. Holcombe, DVM Opinion No. MW-371
Executive Director
Texas Animal Health Commission Re: Whether chairman of Texas
Sam Houston State Office Building Animal Health Commission must
Austin, Texas 78711 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
RICHARIIE. 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