Untitled Texas Attorney General Opinion ( 1979 )

The Attorney General of Texas
December 17, 1979
MARK WHITE
Attorney General
Honorable Richard Morales, Sr. Opinion No. ~~-192
Webb County Attorney
1610San Bernard0 Re: Whether an elected official
Laredo, Texas 78040 may designate a nonelected
alternate to serve on the board of
directors of a regional planning
commission.
Dear Mr. Morales:
You have asked whether a member of the Board of Directors of the
South Texas Development Council who Is a locally elected official, may
designate a non-officeholder alternate to serve in his absence. The Council
is a regional planning commission established under the terms of article
lOllm, V.T.C.S. The Council is a political subdivision of the state with the
authority to contract, purchase or lease real property, and employ a staff.
Id. S 4. It lacks the power to tax, but it may receive funds or grants from
%y source. Id. S 6. The cooperating governmental units by joint agreement
determine th=umber and qualifications of the governing body - the Board
of Directors Id. S 5. At least two thirds of the membership must be
elected officialsxom county or municipal government. The governing body
of the South Texas Development Council consists of eighteen members The
means and methods of the operation of the regional commission is
determined by the participating governmental units. s
Generally, governmental powers must be exercised by the officials
designated by law to execute public duties. Moody v. Texas Water
Commission, ~373 S.VV.2d 793 (Tex. Civ. App. - Austin 1963, writ ref’d
n.r.e.). ass otherwise permitted by law or the ministerial nature of the
duties, an official may not delegate his authority to another. Newsom v.
Adams, 451 S.W.2d 948 (Tex. Civ. App. - Beaumont 1970, no writ); Krug v.
Lincoln National Life Insurance Co., 245 F.2d 848 (5th Cir. 1957). Attorney
General Opinions WW-66 (1957); V-350 (1947). However, article lOllm,
section 5, allows considerable discretion to the participating governmental
units as to the makeup of the governing body so long as elected officials
constitute two thids of the body. By joint agreement the cooperating units
determine the number and qualifications of the members of the governing
body, the manner of cooperation, and the means and methods of the
P. 317
Honorable Richard Morales, Sr. - Page Two (MW-102)
operation of the regional planning commission. We believe that this broad authority would
permit a joint agreement which would provide for the designation of alternates so long as
two thirds of the acting members are elected officials. Absent such a joint agreement,
however, we do not believe that the designation of alternates is permissible under the
authorities cited above.
SUMMARY
Designation of alternate members to serve on the board of
directors of a regional planning commission is permissible only if so
provided by joint agreement among the participating governmental
unit so long as two thirds of those acting as board members are
elected officials of a county or incorporated municipality.
Very truly yourq /I
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by David B. Brooks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Jim Allison
David B. Brooks
Bob Gammage
Susan Garrison
Rick Gilpin
William G Reid
P. 318