TEEAITORNEYGE~~L 

OF TEXAS 

I=RICEDANIEL 

Aus-rxiu 11. TEXAS 

July 3, 1952 

Hon. Robert S. Calvert 

Comptroller of public Accounts 

Austin, Texas 

Opinion No. V-1473 

Re: Applicability of H.B. 

,753, 52na Legislature, 

1951., relating to accountabiiity for State 

property, to the State 

Dear Sir: 

Board ofPublIc Accountancy, the State-Board of 

Nurse Examiners, and the 

State Optometry Board. 

Your request for an opinion is in part as 

"I will thank you to advise this aepartment whether the following state agencies 

are governed by House Bill No. 753, passed 

by the Fifty-second Legislature, and whether 

these agencies are required to account and 

report tQ the State Comptroller the property 

each has in its possession as required by 

Rouse Bill No. 753: State Board of Public 

Aocountancy; State Optometry Board; Board.of 

Nurse Examiners." 

House Bill 753, Acts 52na Leg., R.S. 1951, ch. 

356, p. 602 (Art. 6252-6, V.C.S.) defines "agency" as 

follows: 

"'Agency' shall include any State department, agency, board or other instrumentality, whether it is financed in whole or 

in part by funds appropriated by the Legislature or not; but shall not include local 

political subdivisions of the State, such as 

counties, cities, towqs; school districts, 

flood control districts, irrigations districts, 

and the like." 

f 
Hon. Robert S. Calvert., page 2 (V-1473) 

This office held in' Attorney Qeneral's Opinion 

V-1443 (1952) that the definition of agency" included 

such instrumentalities as the Daughters of the Republic, 

the Daughters of the Confederacy, the San Jacinto Museum 

of History' Association, the Battleship Texas Commission 

of Texas, and the State Board of C~ontrol. 

The Texas State Board oft Public Accountancy 

was created originally in 1915 by the Legislature for 

the purpose of regulating publics accountants. S.B. 

222,'Acts'34th Leg., R.S. 1915, ch. 122, p. 184, superseded by S.B. 176 Acts 49th Leg., R.S. 1945, Ch. 315, 

py' 517 (now Art. $la, V.C.S.). 

The State Board of~optometry was created by 

the Legislature in 1921 for-the purpose of regulating 

the practice of optometry. S.B. 50, Acts 37th Le 

1st C.S. 1931j ch.'51, p. 159.(now Arts. 

V.C.S.). 

4552-456& 

The Board of Nurse Examiners for-the State of 

Texas was created by the Legislature in 1923 for the 

,purpose of regulating~the' practide of professional 

nursing. S.B. 40,~Acts 38th.Leg., R.S. 1923'; ch. 183, 

p'. 415 (now. Arts. 4513-4528b;V.C.S;). 

Then Legislature.has prescribed the qualifications, notiers, and dutiesand provided a method of 

compensationfor the membersof the~respective boards. 

The defInitionof "agency"~' is'stated iti clear and un* 

ambiguous language.Bnd includes ~every instrumentality 

of the State with certain specZfic exceptions.'not applicable'to your request. St 'is 'therefore our opinion 

that House Bill 753 is'applicable to these state 

agencies', and .they are~required to.'account and report 

to~the State Comptroller the'property each has in its 

possession,~as required by~House Bill 753- Att'y.~ Gen. 

op:v-1443' (1951). 

SUMMARY 

1951, 

House Bill 753, &ti 52nd Le:., R.S. 

ch. 356, p. 602 (Art: 6252- , V.C.S,.) 

establishing an accounting system for State 

property, is applicable to'the Texas State 

Board of.Public Accountancy, the Texas State 

',Board of Optometry, and the Board of~Nurse 
Hon. Robert S. Calvert, page 3 (V-1473) 

Examiners for the State of Texas. They are 

required to account and report to the State 

Comptroller of Publia Accounts the property 

each has in its possession as required by the 

act. Att'y, Gen. Op. V-1443 (1951). 

Yours very truly, 

APPROVEP: 

J. C. Davis .> Jr. 

County Affairs Division 

PRICE DANIEL 

Attorney General 

E. Jacobson 

Reviewing Assistant 

Charles D. Mathews 

First Assistant 

Assistant 

JR:am