‘lcx?mxX11. TEXAU AMENDED BY M-249

October 23, 1962

Honorable D. F. Smallh~orst Executive Secretary Texas Water Pollution C,ontrol Board Austin, Texas OpinionNo. ~~-1461

Re: Authority of the StateWater Pollution ControlBoard to enter into's contract for the professional services of an Dear Mr. Smallhorst: attorney.

matter Your request for an opinion on the above subject

reads as follows:

"The Texas Water Pollution Control Board desires to enter into a contract for the professional servicesof an attorney to advise and assist theBoard in the preparation of legal Instruments such as contracts and permits; drafting of resolutions, rules and policy statements; conductinghearings; and othermatters of a legal nature relating to the administration of this Agency. Expenditures for this purposewould be made from Comptroller38Fund WPRS, Budget No. 49, Category No. 6, which can be used for professional services.

"This office has been informed by the Comptroller'sOffice that it will not issue warrants in payment of such contract services
on thebasis of AttorneyGeneral OpinionsNos. Q-6066 and V-403. OpinionNo. WW-633is also pertinent to thismatter.

"It Is the Board's 3(h) of House Bill No. 2fJ ositlon that Section Acts of the FiftySeventh Legislature, Firs; Called Session 1961 (codifiedas Article7621d, V.A.C.S.j, authorizes such a contractand the expenditure of funds for such services.Hon. D. F. Smallhorst,page 2 (~~-1461)

“On behalf of the StateWater Pollution Control Board, I respectfullyrequest your opinionwhether the Boardhas the power to enter Into such a contract as that described above and tomake payment for services performed under such contract out of an appropriate fund. Your early considerationof this requestwould be greatly appreciated."

Subdivision (h) of Section 3 of Article 7621d, Vernon's Civil Statutes,provides:

"(h) Technical, sclentiflc,legal or other services shallbe performedby personnel of other State agencieswhen requested by the Board, but the Board may employ and compensatewith funds available therefore professional consultants,assistants and employees that may be :lecessary to carry out the provisionshereof and prescribe their powers and duties. The Boardmay request and shall receive the assistance of any State educational Institution,experimental station,
or other State agency."

In Attorney General's OpinionO-6066 (1944), it -eras held that the State Board of PublicAccountancy of Texas did not have the authority to pay legal fees to a firm of attorneys to advise such Board concerning recommended legislation affecting the profession of public accountancyfor the reason that the statutes creating the Board and prescribing Its authority and duty did not authorize such expenditureand did not make such proposed activity a duty of such Board. Likewise, in Attorney General's OpinionV-403 (1947), itwas held that the State Board of PlumbingExaminers did not have authority to employ its own legal department for the reason that there was no express or lmplied authority given in the Act creating such Board to employ
an attorney or attorneys as a legaldepartment for the purpose of giving legal counsel or advice orhandling litigation. In Attorney General's Opinion~~-633 (1959),it was held that the State Building Commissiondid have authority to pay for professional fees of an attorney for servicesrendered In connection with land acnulsition, since Article 678m authorizes the Commission to enter into contractsnecessary to provide for the obtaining of sites and the planning, designingand construction of buildings and specificallyauthorizes the employment of such professionalassistants as may be deemed necessary by the Commission.Hon. D.F. Smallhorst,page 3 (~~-1461)

Therefore, the answer to your question Is dependent on the construction of the language contained In of Section 3 of Article 76214, above quoted, Subdivision (h) It Is our oplnion that the words "professionalconsultants,assistants and employees" is broad enough to include the contracting for professional services of an attorney. You are, therefore, advised that the Texas Water PollutionControlBoard has authority to enter into a contract for the professional services of an attorney to advise and assist the Board in the preparation of legal Instrumentsand othermatters of a legal nature relating to the administration of the TexasWater Pollution ControlBoard.

SUMMARY

The TexasWater Pollution Control Board has authority to enter into a contract for the professional services of an attorney to advise and assist the Board in the preparation of legal Instrumentsand othermatters of a legal nature relating to the administration of the TexasWater Pollution ControlBoard.

Yours very truly, \JILL WILSON Attorney General of Texas

JR:ms

APPROVED: OPINION COMMITTEE J. C. Davis, Chairman Assistant

Frank Booth L. P. Lollar Pat Bailey Scranton Jones REVIEWED FOR THE ATTORNEY GENERAL By: Leonard Passmore