Untitled Texas Attorney General Opinion ( 1942 )

OFFICE OF THE A’IIORNEY GENERAL OF TEXAS AUSTIN Honorable Honor Garrison, JF. DireOtOF, Department of Pub110 Safrtg Camp WbFT ~astln, Texas Deal' SiFt iOF' I oheok. Your letter 0 of this department upon Publla Safety has the ment with the Fir Texas, regarding lssuanae of a dap i virtue OS whirh agee- mat the departme #Ability of indetnnif~lnng any loss it might atliter plloate oashier'a cheok. four letter, that on Dee. 11, R. Rale purohaeed oaahier’s 30.50 rrom the Firat State Bank on of driter~r lloetue fee8 to was plaoed in the maile at Bryan, Texas, meat on that date, bu8 at the time of er had not been reaslved end you a8eume You advise that the prs6ident and was oontaeted regarding lsetranoe Of a dnpllaate oa II cheek; that he FerWBd to comply with your request and advised you to Inquire of this departmant ae to whether or not you hare the authority to sign an a@eement alllUm- ing responsibility for the aheak in the event saia lnatrument ``~aB``li``a``````n```` ,o%x~ea%i i~mewk, it your department will sign en agreement or indemnity. iIonarablo Eomer Garrl6on, Jr., page 2 It is a ramiliar rule that ublla offloera have Only guoh authority as is aonrerrea upon t 1 ei3 by law. The power to ent;er into oontraota and agreermnta for and On behalf ol the Stato oi Texas muat be exprsaaly oonrerrea by atatute, or raaaon- ably islpiiea rrcllathe nature or pOwera whicth are expressly aon- farred upon the oiiiaere and depa.rtmnta Or this State by statute. advised that, ln the opinion of this deqmrtqrnt, the int oi Public sdety does not have the authorltj to entaF l& an agreeraent with the First State Bank in~7rni$klin, Texas, to indamaiiy that baaL: lgal8e.t loan. Suoh authority la not axpreaaly aonrarrad br atatute, and the authority to enter into ,a~eenenta oi auoh nature la not reaaonsibly to be implied from 'the powers whloh aFe expressly OOAfOFFed upon the DapaFtiWMt or Publia safety by.lar. Youra very truly A’l’fORHXY GEXE:likt OF TEXAS I