The opinion
-
. .
TmzArrcO~~lrcu GENERAL
OF TExaS
March 18, 1957
‘* Honorible-R;“,$4i’Dkon; ‘Cbitrnian Opinton No; WW-66
Board of ~~Wiit#ti~~ag~laeers
lrlo:ta&&y&*~&ti’: :,:_
R& Doer ‘the,Board of Wmtur
Austin, Tena Eagiaecrs ‘imve fuli power
to dclega$c rcaponatbflfty
. !~ 8ad ‘miithority to other fll-
..~ ‘dt+idtili ata iti own
8tahtory atiuet~re~ except
a a lpcifically lttiited by
Daar Mr:DLxori: ‘~,. statute 0
‘..
1, .,w&lf to ~0th l&t&~ of March .I:,:1957,~:~~l;(ch~~e.qoote in
partxs followa:
Honorable 7%.M. Dixon, Page 2 (WW-66)
A corollary to this general rule Ls that ministerial acts may
be delegated to others by a body, but acts kvolving offtctal discretion ,,
must be performed by tbe body dqsignakd by law.
The Board of Water Engineers, subject to the restriction that
no legislative or discretionary powers be delegated, can prescribe such
rules, rcgulsttoua and procedures as are necessary to carry out the duties
imposed @on it by law.’ Ar.ticle 1531, V.C.S., Margolin v. State, 205 S.W.2d
775 (Tex,Crim.App. 1947); Trapp v. Shell Oil Company, 145 Tex. 323, 198
S.W.2d 424, 428 (1946).
Y&r attention is direckd to the fact that Subdivision 4 of Article
7477 allows tl+k Board to delegate & Yadministrativ6a dutka to the Chief
Eng&ear;
,,‘. ,‘.
‘. The distinction between *administrative” or ‘minkkrial* acts
and *judicial* acts ia set forth in Boyntoa v. Brown, 164’S.W. 893, Civ.App.,
Reh. den. (19,l4), which quotes from the case of Commissioner v. Smith,
5 Tax. 479:
,uThe distinction between ministerial and.j.udicial
or othar off$oiar’a&, seems to be that where the’kw
prescribes and defines .the duty to be performed with
puch prectsiun aad cerkinty as to ,+avi nothing to the
8%ercisc .of discretion or judgment the act is ministerial;
but where the act to be done involves the exercise of dis-
cretion.or judgment in determining whether the duty ex-
i&a, it is n&t to be deemed merely ministerial.”
,, The Board can promulgak rules or regulationa pertaining to
the general, management of its business which wiJ1 place only ‘miniakrial”
duti?s upon the peraon entrusted with the performance of 6UCh ministerial
or administrative &ties and avord the necessity of meeting each time busi-
ness of the Board is to be adminktered.
SUMMARY
*
The Board of Water Engineers can formulate certain
rules and rigulationa and delegak the adminktratton
of such rules and regulations to an individual for
I-“.. I
.
. -,
Honorable R. M. Dixon, Page 3 (WW-66)
administration, thereby removing the need for the
Board to. hold an executive meatlag each time ac-
tion deal&g with the direction of the administration
of the office of the’Board is required, so long as
such rulea and regulationa are so formulated as to
leave. no discretioaary power.
Very truly your~s.,
WILL WILSON
Attorney.Genaral
BY
Houghton Brownlee. Jr..
HB:tiw Assistants-.. >.
-,.
APPROVED:
OPINION COMMITTEE
H. Grady’Chandler, Chairman