# 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 OptometryBoard.
**Your** request for an opinion is in part as

"Iwill 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 OptometryBoard; 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 appropriatedby the Legislature or not; but shall not include local political subdivisionsof the State, such as counties, cities, towqs; school districts, flood control districts, irrigationsdistricts, and the like." 

### fHon. Robert S. Calvert., page 2 (V-1473)

This officeheld in' Attorney Qeneral's Opinion V-1443 (1952) that the definition of agency" included such instrumentalitiesas 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 oftPublic Accountancy was created originally in 1915 by the Legislature for the purpose of regulatingpublics accountants. S.B. 222,'Acts'34thLeg., R.S. 1915, ch. 122, p. 184, superseded by S.B. 176 Acts 49th Leg., R.S. 1945, Ch. 315, py'517 (nowArt. $la,V.C.S.).

The State Board of~optometrywas 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.(nowArts. V.C.S.). 4552-456&

The Board of Nurse Examiners for-the State of Texas was created by the Legislature in 1923 for the ,purposeof 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.hasprescribed the qualifications, notiers,

and dutiesand provided a method of compensationfor the membersof the~respectiveboards. The defInitionof "agency"~' is'stated iticlear and un* ambiguous language.Bndincludes~everyinstrumentality of the State with certain specZfic exceptions.'notapplicable'toyour request. St 'is'thereforeour opinion that House Bill 753 is'applicableto these state agencies',

and .theyare~required to.'account and report to~the State Comptroller the'property each has in its possession,~asrequired by~HouseBill 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,.) establishingan accounting system for State property, is applicableto'the Texas State Board of.PublicAccountancy, the Texas State ',Board of Optometry,and the Board of~NurseHon. 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 possessionas 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