;aUSTIN. -l%XAS 78711
CRAWYORD c. MARTIN
Ax-rORNEY GmN~:RAx.
August 3, 1910
Hon. Henry D. Smith, Chairman Opinion No. M- 663
Commission on Fire Protection
Personnel Standards and Re: Whether, pursuant to
Education Article 4413(35), V.C.S.,
P. 0. BOX 2000 the CommiSsion.on Fire
Lubbock. Texas 79408 Protection Personnel Stand-
ards and Education,,has
authority to hire an ex-
Dear Mr. Smith: ecutive director.
Your recent letter requesting the opinion, of this
office concerning the referenced matter states, in part, as
follows:
"We have been requested by the Governor's
Division of Operational Analysis and the Legis-
lative Budget Office to secure an opinion from
your office regarding the legality of the Com-
mission on Fire Protection Personnel Standards
and Education hiring an executive director by
virtue of the authority of S.B. 269 (Article
4413(35), Vernon's Civil Statutes) creating
the Commission."
In setting forth the powers and duties of the Com-
mission, Sections 6 and 7 of Article 4413(35), Vernon's Civil
Statutes, provides as follows:
"Sec. 6. The commission shall have the au-
thority to:
"(1) certify fire protection training and
education programs as having attained the minimum
required standards suggested by such commission:
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Hon. Henry D. Smith, Page 2 (M-663)
“(2) certify instructors as having qualified
as fire protection instructors under such con-
ditions as the commission may prescribe:
"(3) direct research in the field of fire
protection and to accept gifts and grants for
such purposes:
"(4) recommend curricula for advanced courses
and seminars in fire science training in colleges
and institutions of higher education at the re-
quest of the Coordinating Board, Texas College and
University System.
"Sec. 7. In carrying out its duties and
responsibilities the commission shall have the
following additional duties:
"(1) to meet at such times and places in
the State of Texas as it deems proper; meetings shall
be called by the chairman upon his own motion, or
upon the written request of five members:
"(2) to contract with other agencies, public
or private, or persons, as it deems necessary
for the rendition and affording of such services,
facilities, studies, and reports as it may re-
quire to cooperate with city, county, state and
federal agencies in training programs:
"(3) to make reasonable rules and regulations
to carry out the duties and powers of the commission."
It should be noted that nowhere in Article 4413(35),
supra, is power specifically granted to the Commission to hire
an executive director.
With reference to the subdelegation of powers and
duties by public officers, it has been stated that: "It is a
general rule that public duties must be performed and govern-
mental powers exercised by the officer or body designated by
law: they cannot be delegated to others." 47 Tex.Jur.2d 149,
Public Officers, Section 114.
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Hon. Henry D.,&mith, Page 3 -;:
: (('M-663)
However, it has also been stated that "A board
may delegate ministerial or administrative functions not
calling for the exercise of reason or discretion by appoint-
ing agents to perform duties of that character.",, g. at p.
150.
Our opinion is that these two principles~ control our
answer to your inquiry. Therefore, we hold that your Ccxnmis-
sion may lawfully hire an executive director, provided his
duties are solely administrative or ministerial;and do not
call upon him to exercise discretion or judgment concerning
the powers and duties of the Commission thatare set forth
in Sections 6 and 7 of Article 4413 (35), supra, and that
are specifically required to be performed by members of the
Commission.
SUMMARY
Pursuant to Article 4413 (35), Vernon's
Civil Statutes, the Commission cn Fire Pro-
tection Personnel Standards and Education has
authority to hire an executive director, pro-
vided that his duties are solely administrative
or ministerial, and do not call upon him to ex-
ercise discretion or judgment concerning the
powers and duties required to be performed by
the members of the Commission.
ney General of Texas
Prepared by Austin C. Bray, Jr.
Assistant Attorney General
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.,
Han. Henry D, Smith, Page 4 (M-663)
APPROVED:
OPINION CONMITTEE
Kerns Taylor, Chairman
W. E. Allen, co-chairman
Fisher Tyler
Tom Sedberry
Charles Parrett
Rick Fisher
MEXDE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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