.
HonWable Robert S. Calvert Opinion lo. c-546
Comptroller of Public Accounta
Au&in, Texas Re: Whether funds appropriated
to the Texas State Board
of Registrationfor Pro-
Peeslonal Engineers for
operation and,maintenance
of ~suchdepartment can be
expended for the purchase
of picture frames and
lettering of Board laem-
pear Mr. Calvert: hers’ pictures.
You have requeeted an opinion from this office upon
the question
of whether funda appropriatedto the Texas State
Board of Registrationfor ProfessionalEngineers for the opera-
tion and maintenance of such Board may be expended for the pur-
chase of picture framea and lettering of Board members’ pictures.
In connectionwith the foregoing you have referred to
the holding in Attorney Qeneral’B Opinion No. O-a350 (1942)
which dealt with the question of whether the State Board of
ArchitecturalRxaminere could expend funds appropriatedto that
Board for its operation for photographsof the membership of
such Board, In Attorney General’8 Opinion Ro. O-4350 (1942), It
was heldr
“Expense8for mattera which contribute
in no degree rhataoever to the administration
of such laws are not authorized to be paid
from the ~appropriatlons made for the support
and maintenance of euch agency. We think it
obvioue that photographingthe pereonnel of
the State Board of ArchitecturalExaminers
contrlbuteein no degree whatsoever to the
enforceglent of the lawa intrusted to that
Board for administration. You are therefore
advised that the account for this purpose
may not be paid,from the appropriationsmad~e
to the Board of ArchitecturalExaminers.’
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Hon. Robert S. Calvert, page 2 (C-546)
Section 2 of Article 3271a, Vernon's Civil Statutes,
provides In part that:
*A State Board of Registrationfor Pro-
fessionalEngineers is hereby created rhose
duty it shall be to administer the provisions
of this Act. . . ."
Section 9 of Article 3271a, Vernon's Civil Statutes,
provides In part that:
" .The Board shall employ such clerical
or oth&‘a@eistants as are necessary for the
proper performanceof its work> and ma make
expendituresof this fund for anmlch
‘inthe opinion of the Board ia reasonably neees-
sary for the proper performance of Its duties
under this Ac.t . . . (Rmphaslsadded).
House Bill 12, Acts 59th Legielature,1965, the Oen-
era1 AppropriationAct, at page 111-62, in the departmentalap-
propriationto the Texas State Board of Registrationfor Pro-
fessional Engineers, provides In line item 7 an appropriation
for:
"Consumable supplies and materials,
current and recurring operattng expense
(exclud$ngtravel expense and capital
outlay. (Rmphasleadded1.
The Texas State Board of Registration for Professional
Engineers is given the reaponaibilityof adminizvtering the pro-
visions of Article 3271a, and in addition is given the authority
to make expenditures,from the funds appropriatedto it by the
Legislature,for any purpose which, in,the opinion of the Board,
18 reasonably necessary for the performance of its duties. In
carrying out It8 responsibilities,It is necessary for the Board
to maintain and operate office facilities,and this In turn re-
quires expendituresby the Board for furnishing8for these offices
facllltlea. Rany item8 which the Board may feel are necessary
for the maintaining and operation of their office facilities,
such a8 ash trays, extra chairs, coat racks, and the like, would
face difficulty in passing the test required by Attorney Oen-
eral's Opinion lo. O-4350 (1$?42),as they would also contribute
in little or no degree to the administeringof the engineering
laws.
However, we are of the opinion that the authorization
to the Texaa State Board of Registrationfor Professional
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,
Ron. Robert S. Cslvert, page 3 (~-546)
Engineers, as well as to other state agenaies and depart@ents,
to maintain and operate offioe faoilltiee carries with it the
further authorizationto furnish these office facilitieswhich
suoh equipment, furnishingsand decor aa it seea fit, within
the limits of its appropriations. In this~connection,we,
hereby overrule Attorney General’s Opinion Ro. O-k350 (1942).
In view of the foregoing, and the provlaions of
Seatlon 9 of,Article 327la and the present EfeneralAppropriations
Aot, we are of the opinion that the Texas State Board of Regis-
tration for ProfeaaionalEngineers may expend, from the funds
appropriatedto it for the speration and maint,enanceof the
Board, auoh f’urads a8 it determines are neaeasary for the pur-
ohaae of piature framea and lettering of Board meabera' pi&urea
within, if course, the lirnltof available funds; and provided
further that snob framed and lettered pictures become a part
of the deoor and furnishingsof the office facilities of the
Tsxas State Roard of Registrationfor ProfessionalEngineers.
The Texas State Board of Reglatratlonfor
ProfeesionalEngineers may expend, from the funds
appropriatedto It for the operation and raintenance
of the Board, such funds as it determines necessary
for the purchase of picture frames and lettering of
Board members' pictures, provided that such framed
and lettered pictures become a part of the decor
and furnishingaof the office facilitiesof the
Texas State Board of Registration for Profeealonal
Engineers.
Attorney General's Opinion Wo, O-4350 (1942)
is hereby overruled.
Very truly yours,
UAPc)OIoERCARR
Attorney gene-1
BFe
IPat Bailey
Assistant
PBtmkh
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.
Hon. Robert S. Calvert, page 4 (c-546)
APPROVEDi'-
OPIsm3lJ~
COIIMT~RR _
y’;” **‘- ~‘&ppe&’ ‘,Qhairauvl
'JohnR&%vee~ .,..I
.
'Sam Kelley
II.Orady Ckandleti
LSti+mrdShivers
APPROVKDFOR 'PHEATTORNEY QERRRAL
BYr T. B. Wright,
-2627-