. . 

EA~~ORNEY GENE-I. 

OF TEXAS 

PRICE DANIEL .MTORNEY GENERAL 

Aun~liu H. Trizx~e 

Novmber 18, 1948 

Hon. C. E. Belk, Administrator 

Board of Plumbing Examiners 

Austin, Texas Opinion lo. v-720. 

Re: The authority of the 

State Board of Plumbing Examiners to sponsor and defray the expanses of instructional 

institutea for plumbing 

inspectors. 

Dew Mr. Belk: 

Noference Is ude to jmur wcwt opinion request as follows: 

“Tbia efeas bar s*rted pra1lmiury 

plmmimg for ths- Irclm & rewral Plubw Inipectors’ Institutes. These Instltutor aw ‘to bo CQuductrd WJlely fQP the 

Wnetlt of the ?lubing Inspectors In the 

State of Texas concerning accepted sanltar? plmbing practices. The Institute 

would be conducted under the sponsorship 

of The Unlwrrity of Texas rad would be 

tawht br instructors srloctod br the Ilnlvers lty . The following groups vill,be asked 

to co-sponsor this Inrtltute alen vith the 

BOMd: 

“1. American Institute of Architects 

“2, The Associated General Contractorr 

A?. Associated Plumbing Contractors of’ 

Texas, Inc. 

I). 4. Texas ?ublic Health Associattfon 

*5. Texas lao Bulldora Asseciatio~ 
. . 

Hon. C. E. Belk, Page 2, V-720. 

"6. Texas State Association of dourneyman of the Plumbing and Pipe 

Fitting Industry 

‘These Institutes will be conducted 

in Austin, Texas, and It would be nscessary to conduct come eight or ten InstiL 

tutes in order to reach all Plumbing Inspectors in tha State. The purpose of 

the Ihstituts is to f’lrst gain a unifomlty of lnsprctlon technique over the Stats 

t&rough education and training; and, secbad, $0 lrprovo ths caliber of inspections 

In mny of the smaller cities over the Stmte 

where the local Inspectors are not fully 

cognizant of accepted sanitary practices. 

A# rou know, the construction of the Act 

sakes the local Plumbing Inspector the enforcemen,t arm of the Board. It Is through 

their knowledge amd vigilance that safe 

and sanltarr plubing installations are aasurod . The expense for instructors, manuals, plumbing exhibits, material,s, and 

other miscellaneous Items would be borne 

by the Board. 

‘Will you therefore give us your opinion as to whether the broad grant of authority and discretion given the Board in the 

?lumblng License Law of 1947 includes the 

necsmsary authority to uke such expendltures for the purpose of Improving the 

strrdards of plumbing Inspections carried 

on by individual city governments and the 

resultant effect of greater protection for 

the health, safety and welfare of the citicorns of the State.” 

The sole responelblllty and authority of the 

Board of Plwblng Examiners, under the Plublng License 

Lsv of 1947, codified as Article 6243-101, Vernon’s Civil 

statutes, is to issue or rsvoko llcens6s of plumbers and 

plumbing Inspectors, upon ascertaining the subject’s fitness or unfitness to engage In such ocaupation. while 

tha Act Is designed to Improve generally the standards of 

plumbing work and plumbing inspections, the only function 

of the Board in furthsrance of tlmt design is to examine 

applicants and te conduct lnvsstlgations and hearing a8 
‘ . 

Hon. C. E. Balk, Page 3, v-720. 

to those charged vlth Incompetency or misconduct as 

defined in the Act, to determine vhether license 

should be issued or revoked. The Board, au an offlclal~ agency, has no authority or dutj to extend its 

activities beyond the field of responsibility outlined ln the Act. 

Bearing in mind the limited function of 

the Board, It appears to be clear that the Board 

may not under the wording of the present lav expend 

Its official funds on expenses of such Institutes. 

The Board of Plu8bitig Examiners 

may not expend its iunds to pay the expenses of in6tructlonal lnstltutea for 

Plumblng IfZstLsctors. 

Yours wry truly 

ATTORNkY GM8RAL OF W 

Ned lcDanie1 

Assistant 

z-j),& 

ATTORREY OERBRAL . 

NBC :jmc