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 Professional Englneers 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: 

.the Board 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 

appropriated by Senate ‘Bill 15, Acts of the 

60th Legislature, 1967, Regular Session, the 

General Appropriations Bill, 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, 

. . .The Board 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 statutory provision is sufficient authorization 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 Investigator whose 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 contingent upon the Legislature making 

a proper appropriation. 

Line Item number 7 of the departmental appropriation to 

the Texas State Board of Registration for Professional Engineers 

in Senate Bill 15, Acts of the 60th Legislature, 1967, Regular 

Session, Ch. 784, p. 2175, the General Appropriations Bill, 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 N 0. 59th 

i.,eglslature (Vernon's Annotated Clvll Stitutes 

Article 8271al I1 

. . . . . . . . . . . . . . . . . . . . . . , . 

'IEmphasIs added.) 

We observe that the use of an Investigator may well be 

the only manner in which certain evidence may 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 Professional Engineers, 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 

Professional Engineers has authority to employ 

an Investigator to assist the Board In the en: 

forcement of Article 3271a, Vernon's Civil Statutes, and such Investigator may 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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