.

HonWable Robert S. Calvert Opinion lo. c-546

Comptrollerof Public Accounta Au&in, Texas Re: Whether funds appropriated to the Texas State Board of Registrationfor ProPeeslonalEngineers 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 appropriatedto the Texas State Board of Registrationfor 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 foregoingyou 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 photographsof the membership of such Board, In Attorney General’8Opinion Ro. O-4350 (1942), It was heldr “Expense8for mattera which contribute in no degree rhataoeverto the administration of such laws are not authorizedto be paid from the ~appropriatlons made for the support and maintenance of euch agency. We think it obvioue that photographingthe pereonnel of the State Board of Architectural Examiners contrlbuteein 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 Registrationfor ProfessionalEngineers 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 performanceof its work> and ma make expendituresof this fund for an mlch ‘in the opinion of the Board ia reasonablyneeessary for the proper performanceof Its duties under this Ac. . . . t (Rmphaslsadded).
House Bill 12, Acts 59th Legielature,1965, the Oenera1 Appropriation Act, at page 111-62, in the departmentalappropriationto the Texas State Board of Registrationfor ProfessionalEngineers,provides In line item 7 an appropriation for:
"Consumable suppliesand materials, current and recurring operattng expense (exclud$ngtravel expense and capital outlay. (Rmphasleadded

. 1 The Texas State Board of Registrationfor 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 appropriatedto it by the Legislature,for any purpose which, in, the opinion of the Board, 18 reasonablynecessary for the performanceof 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 furnishing8for 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 difficultyin 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 Registrationfor Professional

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

Engineers, as well as to other state agenaies and depart@ents, to maintain and operate offioe faoilltieecarries with it the further authorization to furnish these office facilities which suoh equipment, furnishingsand decor aa it seea fit, within the limits of its appropriations. In this~connection, we, hereby overruleAttorney 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 Engineersmay expend, from the funds appropriatedto it for the sperationand maint,enance of the Board, auoh f

’ urads a8 it determinesare 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 letteredpictures become a part of the deoor and furnishingsof the office facilitiesof the Tsxas State Roard of Registrationfor Professional Engineers.

The Texas State Board of Reglatratlonfor Profeesional

Engineers may expend, from the funds appropriatedto It for the operationand raintenance of the Board, such funds as it determinesnecessary for the purchase of picture frames and lettering of Board members' pictures, provided that such framed **and** letteredpictures become a part of the decor and furnishingaof the office facilitiesof the Texas State Board of Registrationfor Profeealonal Engineers. Attorney General's Opinion Wo, O-4350 (1942) is hereby overruled. Very truly yours, **UAPc)OIoER**

CARR Attorney gene-1 

# Fe B I
Pat Bailey Assistant PBtmkh

-2626-.

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

APPROVEDi'- OPIsm3lJ~

COIIMT~RR

_ y’ ;” **‘- ~‘&ppe&’ ‘,Qhairauvl 'JohnR&%vee~ .,..I

. 'SamKelley II. Orady Ckandleti LSti+mrd

Shivers
APPROVKDFOR 'PHE

ATTORNEY QERRRAL BYr T. B. Wright,

-2627-