PPHEA'ITOICNEY GENERAL
OF TEXAS
Honorable George H. Sheppard
Comptroller of Public Accounts
Austin, Texas
Dear Sir: Oplnlon No. O-708
Re: Authority of Comptroller to
issue warrants.against the Texas
Unemployment Compensation Admin-
istration Fund for the payment
of salary and expenses of attor-
neys employed by the Unemploy-
ment Compensation Commission.
We acknowledge receipt of your request for an opinion
on the following question:
"Is this department authorized to Issue war-
ran&against the Texas Unemployment Compensation
Administration Fund In the State Treasury in pag-
ment of salary and expenses for an attorney employed
by the Texas Unemployment Compensation Commission?"
Paragraph 17 of Senate Bill 5, Acts 1936, V+th,Legisla-
ture, 3rd Called Session, as amended by House Bill 586, 44th
Legislature and Senate Bill 21, 46th Legislature, reads as fol-
lows:
"Section 17. (a) In any civil action to en-
force the provlslons of this Act the Commission
and the State shall be revresented bv an Assistant
Attorney General who shall be avvolnted by the
Attorney General and designated to perform such
legal duties as may be reauired of him br the
Co&lsslon, and whb shall-institute In the name
of the State and in the.name of the Attorney Gen-
eral any civil action requested of him by the
Commission. Such Assistant Attorney General
shall be paid by the Unemvloxment Comvensation
Commission for the services Derformed bs such
psslstant Attorney-General solelv for the Commls-
sion. Such Assistant Attorney General nmy be
assisted by any other auallfied attorneys who are
regularly emvloxeedbr the Commission. (emphasis ours)
Hon. George H. Sheppard, page 2 0-708
"(b) All criminal actions for violations
of any provision of this Act, or of any rule or
regulation issued pursuant thereto, shall be
prosecuted by the Attorney General of the State;
at his request and under his direction by
E';Lprosecuting attorney of any county in ihich
the employer has a place of business or the vio-
lator resides."
Paragraph (d) of Section II of this Act reads as fol-
lows:
"(d) Personnel: Subject to other provisions
of this Act, the Commission Is authorized to ap-
point, fix the compensation, and prescribe the
duties and powers of such officers, accountants,
attorneys, experts, and other persons as may be
necessary lnthe performance of its duties. The
Commission shall not employ or pay any person who
is an officer or committee member of any poiitical
party organlzatlon. The Commission may delegate
to any such person so appointed such power and
authority as it deems reasonable and proper for
the effective administration of this Act, and may,
In its discretlon,~bond any person handling money
or signing checks hereunder. (emphasis ours).'
The section last quoted is made subject to other provl-
sions of the act and is controlled and limited by the more
specific language of Section 17. The requirement in Section
17 that the Commission be represented by an Assistant Attorney
General is mandatory. Reading together all of the sections
above quoted, it appears that the Commission may fill other
positions with qualified attorneys and that any such attorneys
SO employed may be designated to asslst and ala the Assistant
Attorney General. It 1s clear that the statute by virtue of
which the Texas Unemployment Compensation Commission was
created authorizes the Commission to employ attorneys in the
administration of the act, but at the same time limits the
capacity in which they may be employed.
It is the opinion of this department that the Comptroller
of Public Accounts is author.izedtoissue warrants against the
Texas Unemployment Compensation Commission Administration Fund
for the payment of the salary and expenses of employees who are
qualified attorneys, but not to an attorney who is employed for
the purpose of representing the Commission, as provided for in
Section 17 of the Act above referred to, unless such attorney
is an Assistant Attorney General.
Hon. George H. Sheppard, page 3 O-708
Yours very truly
ATTORNEY GENERAL OF TEXAS
By s/Ross C&irlt.on
Ross C<on
Assistant
RC:jm:wc
APPROVH) JUN 24, 1939
s/Gerald C. Mann
ATTORNEYGENERAL OF TEXAS
Approved Oplnlon Committee By s/SW Chairman