WRALD C. MANN A- 1% ‘iikx~~ 

*-- aHon. 1. s. Bus$ey, chief 

Weights smi Lleasims Division 

Depsrtelent Of'Agrioulture 

Austin, Texas~, 

Dear Sir: opinion I&. O-1188 

Ret Shduld the Department of Agricdture 

issue a Certificate of Authori* to Mr. 

Mel1 under the~faots'set forth7 

We.are '+I maeipt'ef your letter of July 25,. 193S,.~~..whi& you request 

this. depaifmetit'to~advise yOu as to whether & not the DeReMsmnt of Agriculture should $ssue:a Certificate of Ati$hijrity as a p&ii0 wei-her to a 16. IA. 

B; I?&1 of San Antonio, whose afficial bond has been appro%ed ~ythe -jkmwisr 

sionerdi'Cou% and filed in the~bond reoords of Bexar County. The‘appliaant 

has remitted the reouired fee of (5.00. 

You'Lmll.our'attention to Sazate RI11 Roi SS; passed by the Fortysixth Texas Legis&ature, which smendsthe present Public Weighers* law 

and'affeots Bexar:Comw. 

You are ad7deedthatthd.s department +s ruled 5enate.Rill Th. SS unoongt'itutional in an opinion Ro. O-868 w the Ron. Ross Carlton, Assistant 

Attorney General, dated Jtie.5, 19SSe It was held that it is a purely 

local law attempting tc.regulate the affairs of Bexar County,~ end as su 

is in tiolation of Article 5, Seation 56 of the Constitution of the SW 

of Texas. 

As a result Senate Bill No. 39 would have no effeot upon the issua, 

of a Certificate of Authority as a publio.weigher to,&@. hL B. Mell, 

Runemus opinians have~been written by this department on question1 

relating to plblic we%ghrs, first, who'are appointed under Artioles 668: 

and 5692, Revised avil Statutes, 19263 and who qualify under Article 5 

Revised civil Statutes, 1925. We wish to refer you especially to the 

opinion dated September 22, 1927 to Hon. George B* Terrell, Ccmmissiene: 

of Agriculture, by the Hon..Joe S. Brom, Assistant Attomq General. 

After quoting the Supreme Court of Texas in the case of Paschal V. 

Inmen, 157 S.W. 1158, the opinion reads~r 
Hononblo Ceo. B. Sheppard, we~ k 

-E. The total moelpt8 deposited to the 

Boiler Inapeotlon Bound dudng the psrlod from 

Ju3m s, 1957 through fun. 5, 19S8 uaa $S8,!369.84. 

These deposlta actually began i.n September 1937. 

W. The total of wwrant8 iaiued against 

the Bollar InBpeetion Fund during the that year 

(6-3-37 through 6-34S) was e&i,7S4.98, leaving 

a balancr at that date-of #l8,184.86. It le impowibla to determine tha mnnt of out8tandlng 

obligations uhioh were oubaoquently paid from 

this balanoo. 

*4. Ou August 8, 1958 the Trea6amr warn authorized to $ran#fer the sum OS )lO,OOO.Oo from 

tha Boiler In8peotlon Fund totha Culeral Rennua 

FUUU. EQ other traw8ra hare boon made. 

"8. The balanw on hand at Juno S, 19S8 wa8 

e4.238 in the Conoral mwanua appropriation and 

$U,lS4.86 In the Boilor Xnapeetlon nmd.- 

Sestlon 18 oi Home Bill Mao. SSE, Aot8 of the 45th 

Legiolaturo, protidu'fbr an appropriation out or the cienanl 

I4Wb.W FU3Ia Or th0 SwUJ Of T0X.W in ths 8OP Cpr TWU¶tt ThOUaand Dollara ($80,000.00) or so mnoh thereo$ l snf'ba nonl uryfor the purpose si oarrylng out the prorialons of the 

Aot, *d auo provides yiat whatuer amouat was l xpaadoa out 

of t~:~,.~ppropriatlon tioii3 be replaco4 by the Cemmisaioner 

SlDn'$&8 aollaakd under the tom8 of tha Aat durlng the 

flntyear of It8 oporatlon. ,3eatlon 18 thsd aontinuu rith 

the folle prorfmion: 

1. any money8 remaining in.the rund at the * 

ol~~ of the ibOa year ending Aaguat 51 loJO, 

are reappropriated to the uu of the C-telansl: 

ior the purpau oi aarrying out the pro~lslona 

of the Aat. 

8. Any unexpendod balanoe of rundo rw~lming in the 8oiler mpeotfon Fu33d at the 01080 

of the fisaal year ending August Sl, 1958, not 

eraeedlng $lO,OCC.OO is appropriated for the use 

of the Commissioner in earming out the pwpow~ 

OS the Aat. 

a. For eeah 8uaoeadiog rlsoal year any umtupt3mded balance 3ramaining in the tuud not ex- 
Hononblo 080. a. Sheppard, Page s 

086dlng tlc,000.00 is to b* oar&d forward for 

the purpose or snforae3wnt 0r tha Aot. 

4. Any amount rmiining in the fund in *‘Iou8 0r #lo,ooo.oo at the 010~ or any rhoal 

year after 19s 8hal.l revart to ths oanaral Raronuo m34 0r tbs State or hxaa. 

.Aoaordbg to th0 1ufO~tlon rou have fUrnisha& 

us, ths whole 0r the $19,97s.m di8bun04 from the $80,000 

C&n&ma1 Revenue Appropriation hould hare been replaoed. 

Yomlrlll note, however, that while the Le&alatUm praridod for the replaaemmt or suoh expsndituxws, it also proda04 that only tee8 aolloated during the first par'8 

operation of the AOt should be available for mmh we. For 

thlr reason the balanoo ln tha Bailer Inspeotlon Fund as 

0r *uguat 31, 1958, the end 0r the fint tit3081 yuar, is 

unimportant l xoept that it l mbraoee and include8 the balanee on hand as of Jtm S, 1933, the end or. the tire 78~8 

opaatlon of the Aot. 

The balanoe on hand in the Soiler Inspeatlon Fund. 

on fun0 s, 19X3, was #le,rs4.86, anb the whole or thu amount 

8hould have boon transfomd to the Caneral Revenue Fund. On 

August 8 lose, $10,000.00 of thla balanoe was so transiorred, 

bating i&LS4.86 in the Boflar fnrpeotion Fund whbth 8hfda 

,$~a been applied to tha oonaral Revenue Approprlatiim. 

fn both your lotter of September 8 and that ot 

z3#dgt&:m! So you point out that tha balanoe in the ~milsr 

Inrpeaelon Fuud at the 01080 0r the flsual pdar sod&g 

August Sl, 1938, was 8(,9@8.21 and it appsare tham has 

never bson a lesser aaount in this Fund than the balanoa 

appearing on August Sl, 1958. 

xt is the opinion Or this Department that the sum 

of ~,lS4.86, 188s the total amount of all wemnts nhiah 

hare bun paid and wers mu04 for olaius arising prior to 

Juno 3, 19S8, 6hould be trawema rxka the Boiler Xnlrpeation Fund to the t3ensral Rwrenua Fund in atmrdanee rlth t&m 

requbesmte or section 18 of House Bill S6e, A6ts oi the 

46th legialatum. 

Yours very truly