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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
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Hon. Charley Lookhart
State Treasurer
Austin, Texas
Dear Sir:
or not, in the absenoe
Clerk of that Departtoen
name, with the words wl.
his name to Sta
issued to the E oi Dallas, oovering
Old Age Aeslsta d to the Treaeurrr.
tar i5 an eleotive
oonstitution e authorlty and duty
0r thr State ‘presorlbed by the Conatl-
cle 4 of the Constitution
states that such OffiOer shall
or may be required of him by
OH’S nme as “kct.inG ‘Treasurer** and do such other
acts and ttincs as the State Treasurer hicseli
might legally do. The legal acts and signatures
of mch Chief Clerk as Acriq Treasurer, ehal1
be as valid a8 the acts and signatures of the
Treasurer hiceelf.”
Tbe authority of the Chier Cl;lrk to act in the
place end atead of the State Treasurer, upon the happeni%
of the presorlbed oondit’ons, therefore, erhte by virtue
of tbe above etstuts. There le Involved no unoonstitutionel
. .
Hon. Charley Lookhart, June 0, 1939, Page 2.
Qeleg,atlon or deprivation of authority, for the authority
Of the Treasurer and the duties Imposed upon him ere not
derived from the Constitution, b*lt from the Legislature.
The authority having been vested in the Legislature to
presorlbe the dutlee to attach to the offioe of State
Treasurer, there ie nothlne to prohlblt the Laglelature
from authorizihg ) as it has In this not, the performance
of those duties by the Chfef Clerk to the Treasurer, as
Aotiq Treasurer, under the prescribe4 oodlltlons oontain-
ed la the statute itself. Pfeffer VB. Xahnke, et al (Comm.
of Appeals, Sea. 8; Opinion adopted by the Supreme Court),
260 s. X. 1031.
You are, therefore, adQised that, in the abaencr
of the State Treasurer, tha Chief Clerk to the Treasurer
h3s authority to slen his own name with the words wActin&
State Treasurer” following his name, to the State of Texer
Treasury Certlfiaates to be issued to the pepublio National
Bank of Dalles, Texas, ooverlng Old Age A~sistanoe ?‘arrants
submitted to the State Treasurer.
Youre very truly
ATTORNEY GENXRAL C@ TEXAS
m
R. B. FalrohllQ
Assistant
R-#F:WP
APPROVSD:
ATTORNSY GEXERALbF TEXAS
Untitled Texas Attorney General Opinion
Combined Opinion