Untitled Texas Attorney General Opinion ( 1974 )

- ‘\, TRIEATTORNEYGENERAT~ OF TEXAS AUSTIN, 'lkx~s787ll December 17. 1974 The Honorable Alton 0. Bowen Opinion No. H- 477 Chairman Governor’s Committee on Aging Re: Whether Governor’s P. 0. Box 12786, Capitol Station Committee on Aging may Austin, Texas 78711 delegate to its Executive Director the final responsi- bility for proposals and subcontracts. Dear Mr. Bowen: The Governor’s Committee on Aging was first created in 1965 (Acts 1965, 59th Leg., ch. 320, p. 669). The statute is now codified as Article 695k, Vernon’s Texas Civil Statutes. The committee consists of 9 members appointed by the Governor who are directed to hold at least two meetings annually. V. T. C. S., art. 695k, sec. 1. The Governor is also directed to appoint a Coordinator of Aging who is to be the “Executive and Administrative Officer of the Committee. ” V. T. C. S., art. 695k, sec. 3(b). Sections 5, 5a, 6 and 7 of the Act then set out the functions and responsibilities of the Committee. Section 1 (d) provides: The Governor’s Committee on Aging shall be responsible for the adoption of all policies, rules, and regulations governing the fu.nctions of the Committee provided that nothing herein shall. pro- hibit the Committee from delegating the rights, powers, or duties imposed or conferred upon the Committee to the Coordinator of the Aged hereafter provided for in accordance with the appropriate rule, regulations, or order of said Committee. pa 2170 The Honorable Alton 0. Bowen page 2 (H-477) Your request for an opinion was promed by the Committee’s consideration of a State Plan for Programs on Aging for the State of Texas which, referring to the use of certain funds, provides at page 2: Each proposal or sub-contract will be subject to final approval by the Executive Director of the Governor’s Committee on Aging. One member of the Committee believes that this is a responsi- bility of the Committee and cannot be delegated to the Executive Director. You have asked our opinion concerning that provision. We assume that the Executive Director to which the plan and your letters refer is the person referred to in the statute as the Coordinator of Aging. There is statutory authority for the latter position but not for the former. We believe that the language of section 1 (d) quoted above is sufficiently broad to authorize delegation by the Committee of the deci- sion about which you have inquired to the Coordinator of Aging. Thus, if the Committee approves the State Plan, including the language subjecting each proposal or subcontract to final approval by the Executive Director, we would construe that as a delegation of these duties by the Committee to the Coordinator. SUMMARY The Governor’s Committee on Aging is authorized to delegate to the Coordinator of Aging the power to approve contracts and sub- cont:racts. Very truly yours, A JOHN L. HILL Attorney General of Texas p. 2171 . . The Honorable Alton 0. Bowen page 3 (H-477) APPROVED: DAVID M. KENDALL, First Assistant C. ROBERT HEATH, Chairman Opinion Committee lg p. 2172