. 

HonWable Robert S. Calvert Opinion lo. c-546 

Comptroller of Public Accounta 

Au&in, Texas Re: Whether funds appropriated 

to the Texas State Board 

of Registration for ProPeeslonal Engineers for 

operation and, maintenance 

of ~such department can be 

expended for the purchase 

of picture frames and 

lettering of Board laempear Mr. Calvert: hers’ pictures. 

You have requeeted an opinion from this office upon 

the question of whether funda appropriated to the Texas State 

Board of Registration for Professional Engineers for the operation and maintenance of such Board may be expended for the purchase of picture framea and lettering of Board members’ pictures. 

In connection with the foregoing you have referred to 

the holding in Attorney Qeneral’B Opinion No. O-a350 (1942) 

which dealt with the question of whether the State Board of 

Architectural Rxaminere could expend funds appropriated to that 

Board for its operation for photographs of the membership of 

such Board, In Attorney General’8 Opinion Ro. O-4350 (1942), It 

was heldr 

“Expense8 for mattera which contribute 

in no degree rhataoever to the administration 

of such laws are not authorized to be paid 

from the ~appropriatlons made for the support 

and maintenance of euch agency. We think it 

obvioue that photographing the pereonnel of 

the State Board of Architectural Examiners 

contrlbutee in no degree whatsoever to the 

enforceglent of the lawa intrusted to that 

Board for administration. You are therefore 

advised that the account for this purpose 

may not be paid, from the appropriations mad~e 

to the Board of Architectural Examiners.’ 

-2624- 
Hon. Robert S. Calvert, page 2 (C-546) 

Section 2 of Article 3271a, Vernon's Civil Statutes, 

provides In part that: 

*A State Board of Registration for Professional Engineers is hereby created rhose 

duty it shall be to administer the provisions 

of this Act. . . ." 

Section 9 of Article 3271a, Vernon's Civil Statutes, 

provides In part that: 

" .The Board shall employ such clerical 

or oth&‘a@eistants as are necessary for the 

proper performance of its work> and ma make 

expenditures of this fund for an mlch 

‘in the opinion of the Board ia reasonably neeessary for the proper performance of Its duties 

under this A c. t . . . (Rmphasls added). 

House Bill 12, Acts 59th Legielature, 1965, the Oenera1 Appropriation Act, at page 111-62, in the departmental appropriation to the Texas State Board of Registration for Professional Engineers, provides In line item 7 an appropriation 

for: 

"Consumable supplies and materials, 

current and recurring operattng expense 

(exclud$ng travel expense and capital 

outlay. (Rmphasle added 1 . 

The Texas State Board of Registration for Professional 

Engineers is given the reaponaibility of adminizvtering the provisions of Article 3271a, and in addition is given the authority 

to make expenditures, from the funds appropriated to it by the 

Legislature, for any purpose which, in, the opinion of the Board, 

18 reasonably necessary for the performance of its duties. In 

carrying out It8 responsibilities, It is necessary for the Board 

to maintain and operate office facilities, and this In turn requires expenditures by the Board for furnishing8 for these offices 

facllltlea. Rany item8 which the Board may feel are necessary 

for the maintaining and operation of their office facilities, 

such a8 ash trays, extra chairs , coat racks, and the like, would 

face difficulty in passing the test required by Attorney Oeneral's Opinion lo. O-4350 (1$?42), as they would also contribute 

in little or no degree to the administering of the engineering 

laws. 

However, we are of the opinion that the authorization 

to the Texaa State Board of Registration for Professional 

-2625- 
, 

Ron. Robert S. Cslvert, page 3 (~-546) 

Engineers, as well as to other state agenaies and depart@ents, 

to maintain and operate offioe faoilltiee carries with it the 

further authorization to furnish these office facilities which 

suoh equipment, furnishings and decor aa it seea fit, within 

the limits of its appropriations. In this~connection, we, 

hereby overrule Attorney General’s Opinion Ro. O-k350 (1942). 

In view of the foregoing, and the provlaions of 

Seatlon 9 of,Article 327la and the present Efeneral Appropriations 

Aot, we are of the opinion that the Texas State Board of Registration for Profeaaional Engineers may expend, from the funds 

appropriated to it for the speration and maint,enance of the 

Board, auoh f’urads a8 it determines are neaeasary for the purohaae of piature framea and lettering of Board meabera' pi&urea 

within, if course, the lirnlt of available funds; and provided 

further that snob framed and lettered pictures become a part 

of the deoor and furnishings of the office facilities of the 

Tsxas State Roard of Registration for Professional Engineers. 

The Texas State Board of Reglatratlon for 

Profeesional Engineers may expend, from the funds 

appropriated to It for the operation and raintenance 

of the Board, such funds as it determines necessary 

for the purchase of picture frames and lettering of 

Board members' pictures, provided that such framed 

and lettered pictures become a part of the decor 

and furnishinga of the office facilities of the 

Texas State Board of Registration for Profeealonal 

Engineers. 

Attorney General's Opinion Wo, O-4350 (1942) 

is hereby overruled. 

Very truly yours, 

UAPc)OIoER CARR 

Attorney gene-1 

B Fe I 

Pat Bailey 

Assistant 

PBtmkh 

-2626- 
. 

Hon. Robert S. Calvert, page 4 (c-546) 

APPROVEDi'- 

OPIsm3lJ~ COIIMT~RR _ 

y’;” **‘- ~‘&ppe&’ ‘,Qhairauvl 

'John R&%vee~ .,..I . 

'Sam Kelley 

II. Orady Ckandleti 

LSti+mrd Shivers 

APPROVKDFOR 'PHE ATTORNEY QERRRAL 

BYr T. B. Wright, 

-2627-