Untitled Texas Attorney General Opinion ( 1964 )

73~~ ATTOEWEIYGENERAL. OFTEXAS Honorable James 0. Gerst Opinion No. C-336 Savings and Loan Commissioner' 1010 Lavaca Rer Authority of agent8 Austin, Texas appointed by Savings and Loan Associations to appraise'gropertles upon which application has been made to the association for a Bear Mr. Gerst: loan, In your opinion request you ask whether, under Section 3.1 of the Rules and Regulations for Savings and Loan A8SoCiatiOn8 adopted November 15, 1963, an agent or agents of an association within the proper scope of their duties, may appraiee properties upon which application has been made for a loan. Section 3.1 of the Rules and Regulations provide8 that, "An association may, without approval of the Com- missioner, appoint an agent or agents, whose functions shall be limited to the receipt of applications for loans, the servicing of loans and contracts, or the management or sale of real estate owned by the asso- ciation. . . .'I The word “limited” i8 defined a8 meaning, "Restricted; bounded; prescribed; confined within positive bounds; re8triCted in duration, extent, or scope." Black's Law IUz;i;yr&&, 4th Et., 1957t,p. 1077. There ia no deflnf- e word limited in either the Savings and Loan Act, Article 852a, Vernon's Civil Statutes, or the Rule8 and Regulation8 for Saving8 and Loan Associations adopted November 15, 1963. In the absence of a statu- tory definition, the word "limited," a8 used In Section 3.1, restricts agents to the performance of only those functions which are stated In that section of the Rule8 and Regulations. Agent8 are not given specific authority to appraise property in Section 3,.1 of the Rules and Regulations; therefore, under Section 3.1 of the Rules and Regulations, an agent of an association can appraise property only -1599- Honorable James 0. Gerst, page 2 (C-336) If he has the implied authority to do so. Under Section 3.1 of the Rules and Regulations, the only function an agent is authorized to perform for an association prior to the time a loan is actually made is to receive appll- cations for loans. An agent is not authorized to process loan applications for an association under Section 3.1 of the Rules and Regulations. Since the appraisal of property upon which a loan application ha8 been made Is usually and normally a part of the processing of a loan application, and not a part of receiving loan applica- tions, an agent h8.sno Implied authority under Section 3.1 of the Rules and Regulations to appraise property. SUMMARY ------- The proper scope of the duties of agents under Section 3.1 of the Rules and Regulations for Saving8 and Loan Associations adopted Novem- ber 15, 1963, does not Include the appraisal of properties upon which application has been made for a loan. Very truly yours, WAGGONER CARR Attorney General of Texas JWF:ced / APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Joe R. Long Paul Phy W. 0. Shultz Kerns Taylor APPROVED FOR TRE ATTORNEY GENERAL BY: ROGER TYLER -1600-