The Honorable M. James Moritz 

Secretary-Treasurer 

Texas State Board of Dental 

Examiners 

710 Southwest Tower 

7th L Brazos Streets 

Austin, Texas 78701 

Opini&n No. H-790 

Re: Authority of the 

Dental Laboratory Advisory 

Board. 

Dear Doctor Moritz: 

You have requested our opinion regarding the 

authority of the Dental Laboratory Advisory Board. Specifically, you ask: 

1. Whether the Dental Laboratory Advisory 

Board may call meetings on its own initiative. 

2. Whether the Dental Laboratory Advisory 

Board may incur expenses without the prior 

approval of the Texas State Board~of Dental 

Examiners. 

3: Whether the authority of the Dental 

Laboratory Advisory Board is "advisory* 

in nature. 

4. Whether the Texas State Board of 

Dental Examiners is obliged to follow the 

recommendations of the Dental Laboratory 

Advisory Board with regard to matters 

within the latter's statutory authority. 

The Dental Laboratory Advisory Board was created by the 

Legislature in 1973. Its enabling statute provides in part: 

p. 3328 
The Honorable M. James Merits - page 2 (H-790) 

The Dental Laboratory Advisory Board 

shall advise the Texas State Board 

of Dental Examiners on all matters 

concerning dental laboratories and dental 

technicians; and the Texas State Board 

of Dental Examiners shall refer to the 

Dental Laboratory Advisory Board all 

matters concerning rules, fees, registration 

and all other matters affecting dental 

laboratories and dental technicians for 

the Advisory Board's‘study and recommendations 

thereon and such Advisory Board shall 

forward its recommendations, witbin ~a 

reasonable time, to the Texas State 

Board of Dental Examiners for its action 

upon such recommendations; and, if the 

majority of the members of the Texas 

State~Board of Dental Examiners shall 

concur with the recommendations of'the 

Dental Laboratory Advisory Board, then 

the rules, regulations or changes therein 

pertaining to dental laboratories and 

dental technicians shall be put into 

effect by the Texas State Board of 

,Dental Examiners as part of its rules 

and regulations- The members of the 

Dental Laboratory Advisory Board shall 

be en'titled to receive the same per diem 

payable~to the members of the Texas 

State Board of Dental Examiners plus 

such travel and other expenses as are 

incurred in the attendance of meetings 

of such Board. No practicing dentist 

shall be'a member of the Dental Laboratory Advisory Board. V.T.C.S. art. 455X(6)(b). 

By requiring the Dental Laboratory Advisory Board to 

"advise the Texas State Board of Dental Examiners on sll 

matters concerning dental laboratories and dental technicians," the ,statute clearly contemplates that the Dental 

Laboratory Advisory Board should hold meetings. In addition, 

p. 3329 
The Honorable M. James Moritz - page 3 (H-790) 

a subsequent portion of the statute provides a per diem 

allowance and reimbursement of other expenses to Board 

members while "in the attendance of meetings." The Dents1 

Laboratory Advisory Board, however, is not granted the power 

to adopt any rules or regulations , although such authority is 

expressly conferred upon the Board of Dental Examiners by 

article 45518, V.T.C.S. 

Since the authority to call meetings is a necessary 

adjunct of the power to hold such meetings, we believe that 

the Dental Laboratory Advisory Board is authorized to call 

meetings on its own initiative. As the court stated in 

Cornelius " Railroad Commission, 182 S.W.2d 412 (Tex.Civ. 

APP. -- Austin, 1944, no writ)a 

It is . . .well settled ; . . that when 

a statute imposes a mandatory duty upon 

a governmental agency ts carry out the 

express and specifically defined purposes 

and objectives stated.in the law, such 

statute~carries with it by necessary 

implication the authority to do whatever 

is reasonably necessary to effectuate the 

legislative mandate and purpose. Id. - 

at 415. 

As to your second~question , article 4551f(6) (b) .author-~ 

ises members of the Dental Laboratory Advisory Board "to :;. 

receive the same.per diem payable to the members of the 

Texa.8 State Board of Dental Examiners plus such travel Andy, '. 

other expenses~ as are incurred in the attendance of meetings 

;feF'h Board;.', Funds' for *Advisory Board Members Per 

are specifically budgeted in the current appropria- 

,tion'for the Board of Dental Examiners. Acts 1975, 64th 

Leg.;ch. 743 at 2591. No other funds, however, are speci-' 

fically appropriated for the Dental Laboratory Advisory 

Board alone, and the statute creating the Board doesnot 

empower it to ~incur'any expenses other than those for per 

diem, travel, and other expenses "incurred in the attendance 

oE meetings." In our opinion, the limited authority granted 

to the Board by article 4551f and the fact that travel and 

expense funds to be utilized by the Advisory Board are commingled with the agency's appropriations supports the inference 

that 'the Advisory Board does not have a general spending 

p. 3330 
The Honorable M. James Merits - page 4 (H-790) 

power. Board of Insurance Com'rs v. Guardian Life Ins. -- 

190 S.W.2d 9?J6 908 ( Tex Sup.7944) areeult, we 

%eve that the Dekal Laborkory Advisory Board is without 

authority to incur any other expenses without the prior 

approval of the Board of Dental Examiners. The expenses 

which can be incurred are, of course, subject to reasonable 

budgetary limitations. 

Your third and fourth questions involve the nature of. 

the authority conferred upon the Dental Laboratory Advisory 

Board. We have'received a brief suggesting that under 

article 4551f(6) (b), V.T.C.S., the only procedure by which 

the Board of Dental Examiners may promulgate rules relating 

to dental laboratories or dental technicians is to concur in 

the recommendations of the Dental Laboratory Advisory Board. 

The brief analogises the relationship of the Board of Dental 

Examiners and the Dental Laboratory Advisory Board to the 

relationship between the two houses of a bicameral legislature. Under this interpretation , no rule could be adopted 

relating to dental laboratories or to dental technicians 

unless both boards approved precisely the same wording. 

However, article 455ld(l) provides: 

The Texas State Board of Dental 

Examiners shall have the same power and 

authority to adopt, promulgate and 

enforce rules and regulations consistent 

with statutory and constitytional authority 

pertaining to dental laboratories and 

dental technicians, including classes of 

technicians, qualifications, standards, 

and examination for registration and as 

is contained in Article 45516, after the 

Texas State Board of Dental Examiners 

has received the recommendations of the 

Dental Laboratory Advisory Board. 

The authority to promulgate rules dlearly is given to 

the Board of Dental Examiners. The authority of the Dental 

Laboratory Advisory Board is advisory in nature. Although 

p. 3331 
The Honorable M. James Merits - page 5 (~-790) 

the Board of Dental Examiners is required to seek the advice 

of the Dental Laboratory Advisory Board in matters relating 

to dental laboratories and dental technicians, it is not 

obliged to follow those recommendations. It may accept, 

reject or amend them. 

SU.MMARY 

The Dental Laboratory Advisory Board is 

empowered in the first instance to call 

meetings on its own initiative. The 

Dental Laboratory Advisory Board is 

without authority to incur expenses 

except those for per diem, travel and 

other expenses incurred in the attendance-of meetings, unless it has the 

prior approval of the Board of Dental 

Examiners. The Board of Dental Examiners 

is not obliged.to follow the recommendations 

of the Dental Laboratory Advisory Board, 

but may adopt, amend or reject them. 

Very truly yours, 

(-APPROVED: 

Opinion Committee 

jwb 

p. 3332