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