January 4, 

## 1968

Honorable Thomas C. Green Opinion No. M-179 Secretary, Texas State Board of Registration for Pro- Re: Whether the Texas State feesional Engineers Board of Registration Austin, Texas for ProfessionalEnglneers has authority to hire an lnvestlgator to assist the Board in its enforcement of the provisions of Article 3271a, Vernon’s Civil Statutes, Dear Cal, Green: and related questions.

You request the opinion of this office as to whether: .theBoard has authority to~,h-Sre an investigator to assist the BoaFd In It8%nforcement of the provisions of Article 3271a,Verngn’s Civil Statutes, and to fix and pay the salary of such Investigator from the funds appropriatedby Senate ‘Bill15, Acts of the 60th Legislature, 

## 1967, Regular Session, the General AppropriationsBill, to the Texas State Board of Reglstratlon for pofessional Engineers in line Item number 7. Section 9 of Article 3271a,Vernon’s Civil Statutes, provides, In part, that:

1,

. . .TheBoard shall employ such clerical or other assistants aa are necessary for the proper performance of Its work, and may make expenditures of this fund for any purpose which In the opinion of the Board is reasonably necessary for the proper performance of its duties under this Act. , . . The foregoing statutoryprovision is sufficientauthorization for the Texas State Board of Registration for Professlonal

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Hon. Thomas C. Green, Page 2 (M-179)

Engineers to employ and compensate an Investigatorwhose duties would be to assist the Board in the enforcement of the provisions of Article 3271a. However, such authorization to employ and compensate an investigator Is contingentupon the Legislaturemaking a proper appropriation.

Line Item number 7 of the departmental appropriation to the Texas State Board of Registration for ProfessionalEngineers in SenateBill 15, Acts of the 60th Legislature, 1967, Regular Session, Ch. 784, p. 2175, the General AppropriationsBill, provides:

“7

. Investigation Program: Expenses of witness fees, court transcripts,documentary evidence, orocessinn comolaints, court costs, and other necessary-expenses In-gathering evidence for the enforcement of S B N0. 59th i.,eglslature

(Vernon'sAnnotated Clvll Stitutes Article 8271al I1

...................... , . 'IEmphasIs

added.)
We observe that the use of an Investigatormay well be the onlymanner in which certain evidencemay be obtained in the enforcement of the Engineering Practice Act. In view of the foregoing provision in the departmental appropriation to the Texas State Board of Registration for ProfessionalEngineers, we are of the opinion that the compensation of an Investigator for the gathering of evidence for the enforcement of the provisions of Article 3271a would be an authorized expenditure from the funds appropriated to the Texas State Board of Registration for Professional Engineers in line Item number 7. SUMMARY The Texas State Board of Registration for ProfessionalEngineers has authority to employ an Investigator to assist the Board In the en: forcement of Article 3271a,Vernon's Civil Statutes, and such Investigatormay be compensated from the departmental appropriation to the Texas State Board of Registration for Professional Engineers In line item number 7 of Senate Bill 15, Acts 60th Legislature, 1967, Regular Session, Ch. 784, p. 2175. truly yours,Hon. Thomas C. Green, page 3 (M-179)

Prepared by Pat Bailey Assistant Attorney General
APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman Kerns Taylor, Co-Chairman W. V. Geppert Robert Owen Rex H. White Ben Harrison
A. J, CARUBBI, JR. Staff' Legal Assistant

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