Untitled Texas Attorney General Opinion

OFF!CE OF THE AlTORNEY GENERAL 0.F TEXAS AUSTIN 11 GaWC.~ U me-u. Mr. F. NC. ightor, Seoretary Stat8 Boar fl of Reglrtration r0r Proie88loaal Rnglnnerr Austin, Terar Dear Sir: question ha8 been reosl Revised Civil Stat- tiOn rOr PrOre8- ted whose iluty rOTi8ibn8 Or 0 Shall be appointed to, with the adrloe t th8 above-meatloned rtat- Each member or tho'Bo8rd shall Alrd 0r Ten (#lO.OO) Dollar8 per day hr 18 aotually engaged in the 8 OrriOe, inOhdbg tiBI8 8p@nt in arel, together with all legltimte nourred in the perrormanoe 0r suoh All per diem and lxp8n8e8 lnourred herounder shall be paid rrom the 'PrOfe88iOn? al Engineerr* ?und* a8 provided in thlr law. No monrp shall ofor be pdid for the admin- 18tratloa or thi8 Aot rr0m the General Fund8 Mr. y. E. Rightor, Seoretary, page 2 “Sea.?. The Board shall hold a meeting within thirty (30) day8 arter It8 member8 are rir8t appointed, and thereafter 8ha11 hold at least two (2) regular meetings eaoh year. Spe- olal meeting8 shall be held at 8uoh time a8 the by-law8 of the Board may provide. Notice of all meeting8 shall be given In sooh manner a8 the by-law8 may provide. The Board shall eleot or appoint annually rrom it8 own member- rhlp the following offloer8: a ChaIrman,a Vice-Chairman, 8nd a Seoretary. A quorum of the Board ehall oonalst or not less than rour (4) member8.* Section 9 0r Artlole 3271a, read8 as rOllOW8: “The Seoretarp oi the Board shall receive and aooount for all money8 derived under the prOVi8iOn8 Or this Aot, and 8hdl1 pay the 8-e weekly to the State Treasurer who shall keep such money8 In a eeparate fund to be known a8 the *ProfeesIonal Bnglneere* Fund*. Suoh fund shall be paid out only by warrant ot the State Comptroller upon the State Treasurer, upon Itemized rouohers, approved by the OhaIrman and attested by the Seoretary oi the Board. All money8 In the *ProressIonal Engineem* Fund* are hereby 8peoIfloally appropriated for the u8e or the Board in the administration oi thi8 AOt. The Seoretary of the Board shall give a surety bond to the Governor oi the State of Texas in the 8um Of TWOThousand Five Hun- dred (#2,500.00) Dollars. The premium on said bond shall be-paid Out Of the ‘PrOies8lOndl Englneere’ Fund’. The Seoretary of the Board shall reoelre such salary a8 the Board shall determine in addition to the compensation and expenees provided for In this Aot. The Board shall employ 8uoh olarioal or other a88I8tant8 a8 are neoeerrary ror the proper performanoe of its work, and may make expenditures Of thi8 tund ror any purpose whloh in the opinion of the Board le reasonably neoeesary for the proper periorm8noe or It8 duties under this Aot. Under Mr. F. I&. Rightor, Seoretary, Page 3 no oiroumstanoes shall the total amount of war- rant8 I88Ued by the State Comptroller In pay- ment of the expenses and oompenaatlon provided for in this Aot exceed the amount ot the *Pro- fessional Englneerrr’ Fund’. Provided further, that the salaries paid herein 8hall not be in exoe88 or 8alarIee paid ior similar work in other department&m On November 30, 1937 th18 department held in opinion written by Hon. H, L. WIllIiord, Asalstant At- torney General, addressed to the Secretary ot Texar State Board or Regletratlon for Proieaelooal Engineers: “That it I8 mt3nlfe8t that one membrr of the Board ha8 the dutie8 of Seoretarg of suoh Board ex offlolo, and the Aot oreatlag the Board Ot Registratlm, above referred to, pro- vides ror a per diem 0ompeaaatIon ror auoh member ior the expenee’ of such member and ror the aaiary of 8UOh member, all of whloh it wea competent ror .tho Leglslaturs to prescribe and enact. Therefore, you are advltied that you are entitled to both, a salary and per diem oompensatlon.~ We oonour with the above-mentioned oplnlotl and believe that it oorx?;eotly answer8 the question preeented in your lnquiky. Thererore; you are re8peOtfUlly advised that the Seoretary of the Texas State Board of Registra- tion ror Profeseional Engineer8 is entitled to both a salary and per diem oompeneatlon. Trusting that the foregoing answer8 your Inquiry, we remain Your8 very truly APPROVEDSEP. 11, 1939 (8) Gerald C. Mann GENERkLOF TEXAS ATTORNEY ATTORNEYGENERALOF TEXAS WJF BY (8) Ardell WIllIams A8sistant %Ob APPROVED: Opinion Committee By B.W.B., Chairman