Untitled Texas Attorney General Opinion ( 1940 )

Honorable W. Lee O'Danlel Governor of Texas Austin, Texas Dear Sir: Opinion No. o-2662-~ Re: Authority of Governor to "cause the laws to be faithfully exe- cuted" With further reference to our opinion No. o-2662, recently addressed to you, it has come to our attention that in aLacussing the questions therein submitted by you we,overlooked Section 24, Acts 1935, 44th Legislature, p. 444, ch. 181. As a result of thla omlaaion, that opinion Is Incorrect, in that it falls to call to your attention the powers vests&In you by Section 24 of the Act referred to, whereby you may "'causethe laws to be faithfully exe- cuted." We sincerely regret that this error occurred, and hasten to modify o-2662 to the end that it may be corrected. Section 24 of Acts 1935, 44th Legislature, p. 444, ch. 181, reada as follows: "Upon the occurrence of a public disaster, riot, or insurrection, or the formation of a dangerous resistance to the enforcement of the law, or for the purpose of performing hi.3con- stitutional duty to cause the laws to be enforced, the Governor of this State shall have the authority to assume the command of and BLrect the actlvitlea and functions of the commission and of the de- partment during the existence of such an emer- gency or necessity. In the event that the Gov- ernor of this State shall take such action, he shall'flrat use the officers and.personnel of the department other than the Texas Highway Patrol and the said Patrol shall be so called upon or diverted from its regular duties only in the,event that the department 13 otherwise unable to cope with the emergency." In the original opinion, it was pointed out that until the legislative branch of the State government should provlldemeans by which the Governor might effectively "cause Honorable W. Lee O'Daniel, page 2 O-2662-A the laws to be faithfully executed", there was little that the executive is able to do In order effectively to compel the faithful execution of the laws of the State of Texas. Section 24 of the act above referred to expressly authorizes the Governor to assume the command of and direct the actlv- itiea and functions of the Public Safety Commission and of the Department of Public Safety when necessary for the pur- pose of performing his constitutional duty to cause the laws of the State to be enforced, during the exlatence of such necessity. Yours very truly ATTORNEY GENERAL OF TEXAS By aL R. W. Fairchild R. W. Fairchild Assistant RWF:GO:wc APPROVED SEP 16, 1940 s/Gerald C. Mann ATTORNEY GENERAL OF TEXAS Approved Opinlon Committee By s/BWB Chalrman