December 16, 1949
Hon. Robert S. Calvert
Comptroller of Public Accounts
Austin, Texas
Opinion No. V-974
Re: The correct persons from
North Texas State College
and from Texas Stat6 Col-
lege fop Women to approve
amounts for payment by
the..&ate Comptroller.
Dear Sir: ,.
Your inquiry con&m the authority of the
Boards 'af,~Regents of the North Texas State Cbllege and
the Texas-'State College for Women to designate eomeone
other than a memberof the Board to approve accounts
presented,to'ypt.for.paynmnt out of the General Revenue
Fund of this State. You inform us that under the prea-
ent practice '%ha persons approving the accounts aiw :
designated as.Seoretary or Treasurer to the Board of Re-
gents, but draw compensation as Business Manager or for
some other services rendered their respective institu-
tions."
The ~followlng excerpt from the minutes of the
Board of Regents of the North Texas State College, dated
July 7, 1949 is submitted along with your request for an
opinion:'
"Authorieation for State.voucher slg-
-natures
"Upon motion of Regent . . . aeoonded
by Regent . . ., the vote being 9 'ayes* and
0 '~OmJ', it was ordered:
"That the following College officials
be designated to sign and approve vouchers
dram on State Funds appropriated to North
Texas State College for payment of such item
Hon. Robert S. Calvert - Page 2 (V-974)
as salaries, maintenance, equipment, travel,
repairs, improvements and lands, when such
vouchers are drawn in conformity with the
annual budget approved by the Board of Re-
gents :
“D. Bo d, Comptroller, or
Rober t Caldwell, Secretary fo the
Board of Regents.”
We assume that an authorization similar in
form to,that quoted above has been passed by the Board
of Regents of the Texas State College for Women. It
is well settled that In the absence of express legis-
lative authority so to do, a State Board may not dele-
gate any of Its authority which involves the exerolae
of dl,scretion. but may delegate only ministerial funo-
tione. Viebnter Y. Teias 6c Pacific kotor Co., 140 Tex.
131, 166 S W 2d 76 (leez)$ Attorney General Opinions
V-286 and. &;36.
With this principle before us we shall flrat
discuss the situation with regard to the North Texas
state colhge. ,Rb%. 691, Aote Slat Leg. R.S. oh. 268,
p. 476 (Art. 26Sla+ V.C .S. ) reorganized the, North Texas
Stats Teaohera College; ohanged its name to that aon- -
tioned above; removed, It from the oontrol of the Board*‘
of:Begents oi the State Teacherr,,Colleger; and, provld-
ed for, ,the establishment of and oontrol by a’ Board of
Regent8 ier the reorganized College. With regild to
the powers grantedto this newly formed Board of Regentits,
geetion 2 of H.B. 691 provlder~in part:
n The first meeting of the Board
ahall &*h;ld at a time and place designated
w the Gdvernor . At thl~~meetfng the, Board
shall organlse by eleotlng a ohairman, and
such other offloers aa ,lt ma deem neoemary.
Thereafter, the Chairman rhal 9 oonvene the
Board of Regents to consider any businese
oonneoted with maid Collegr whenever he deema
It expedient .“~
Soot&on 3 of.the Bill prooidtwin part:
II All powera, duties, rS&ita, ob-
llg&n~ ;nd functions of the Board of Re-
gents OS the State Teaoherr Collegrr an these
relate to North Texas State Teaohers College
&all be vested in and for performanoe b
Board of Regents of lorth Texae State Co1 loge
.uie
Hon. Robert S. Calvert - Page 3 (V-974)
to be executed and adm5nistered by said
Board under the provisions of this Act and
the laws of Texas.."
Thus, In order to determine the power of the
newly created Board with regard to the problem presented
here we must refer to the statute which defines the pow-
ers of ~the Board of Regents of the State Teachers Col-
leges, Article .2647, V.C.S. SubdivIsIon 7 of that statute
provides:
"All appropriations made by the Legls-
lature ~for the support and maintenance oft
the State Teaohers Colleges, for the pur-
chase of land or buildings for the use of
such schools, for the erection or repair of
buildings; for the purchase of apparatus,
libraries, or eqzlipment ~of.eany kind or for
anv other 5murovement of any kind. shall be"
~d5&mrsed u&r the dlreatlbn and-authority
of the board of regents; and said board
shall~have' the power to formulate and estab-
lish such rules for the general control and
-management of the State normal schools for %
~whlte teachers:for the auditing and apuro-
val of accounts, and for the lsauance b?
vouchers and warrants as 5n their opinion
may be necessary for the efficient adni5n5s-
tration of such schools.R
Manifestly then, once the Board has "directed
and author5zedn the purpose for which funds shaXS'~be dis-
bursed, It may "~formulate rules for . . . approva%cof :ao-
counts and for Issuance of vouchers and warrants' should
It deemthis necessary for efficient administration. This
approval or authorization for disbursement of funds may
be made In the budget or by any other Board~action which
Itemizes the expenditures with sufficient partlcular5ty
so that your office will be able to ascertain that the
vouchers are Issued in complianoe therewith. Whether the
Board action is sufficiently wxpllclt to constitute the'
exercise of Its discretion, leaving only m5nlsterlal funa-
tions to the Issuing officers, may be deternclned by you
in-eaoh tease as the voucher is presented.
The Texas State College for Women is governed
by its separate Board of Regents, and Article 262S,'V.C.S.,
the statute which created the Board, provides In part:
Hon. Robert S. Calvert - Page 4 (V-,974)
” The Board of Regents shall
have t&e'piwer Incident to their position
and to the same extent, so far as may be
applicable and shall receive like compen-
satlon as Is conferred by law on regents
of the State University; said-Board of Re-
gents shall elect a president, a secretary
and a treasurer whose terms of office shall
be two years. . . The treasurer shall re-
ceive and disburse all money under the di-
rectlon of the Board."
Thus the Board of Regents of this College is
given the same powers as the Board of Regents of The
University of Texas, so far as they are applicable. In
Article 2594, V.C.S. this latter Board Is given the Pol-
loring authority w5th regard to expenditures:
"All expenditures may be made by the
order.of the board of regents, and the
same shall be ~pald on warrants from the
Comptroller based on vouchers approved by
the chairman of the board or by some offl-
oer of the University designated by him in
writing to the comptroller, and counter-
signed by the secretary of the board, or by
some other officer of~the University desig-
nated by said secretary In writing to the
Comptroller."
By virtue of this authority and the assump-
~tion that the Board of Regents of the the Texas State
College for Women has authorized the expenditures In an
itemized budget or by other order of the Board, It may
appoint someone other than a member of the Board to ap-
prove the vouchers for the expenditures.
Thus we find statutory authority for .a delega-
tion of the function of approving accounts by the 'Boards
of,Regants of both colleges mentioned in your request.
Hence, any delegation of this sort, after approval of the
expenditures by the Boards of Regents, would not conflict
ita.2 way with the well-settled rule on delegation above
This is true both on the basis of express legls-
latlve*author5ty and the consideration that once th, Board
has acted in approving the expenditure of the appropriated
funds for certain purposes, the approval of payment of
funds 5n conformance therewith 5s ministerial In nature.
Hon. Robert S. Calvert - Pago 5 (v-974)
The Boards of Regents of the North
Texas State College and Texas State College
for WGqen may appoint persons other than
members of the Board as officers of the Col-
leges.~ The Boards may, after approving ex-
penditures for operation of the Colleges,
designate someone other than a member of the
Board to approve accounts to be presented to
the State Comptroller of Public Accounts for
payment ifi accordance with prior approval by
the Board.
Yours very truly,
ATTORNEY
GENERALOF TEXAS
B;p&E. Jaoobeon
EJ:wb Assistant