‘lcx?mxX 11. TEXAU AMENDED BY M-249 

October 23, 1962 

Honorable D. F. Smallh~orst 

Executive Secretary 

Texas Water Pollution C,ontrol Board 

Austin, Texas 

Opinion No. ~~-1461 

Re: Authority of the State Water 

Pollution Control Board 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 services of an attorney 

to advise and assist the Board in the preparation of legal Instruments such as contracts 

and permits; drafting of resolutions, rules 

and policy statements; conducting hearings; 

and other matters of a legal nature relating 

to the administration of this Agency. Expenditures for this purpose would be made from 

Comptroller38 Fund WPRS, Budget No. 49, Category No. 6, which can be used for professional 

services. 

"This office has been informed by the 

Comptroller's Office that it will not issue 

warrants in payment of such contract services 

on the basis of Attorney General Opinions Nos. 

Q-6066 and V-403. Opinion No. WW-633 is also 

pertinent to this matter. 

"It Is the Board's 

3(h) of House Bill No. 2fJ 

ositlon that Section 

Acts of the FiftySeventh Legislature, Firs; Called Session 

1961 (codified as Article 7621d, V.A.C.S.j, 

authorizes such a contract and the expenditure 

of funds for such services. 
Hon. D. F. Smallhorst, page 2 (~~-1461) 

“On behalf of the State Water Pollution Control Board, I respectfully request 

your opinion whether the Board has the power 

to enter Into such a contract as that described above and to make payment for services 

performed under such contract out of an appropriate fund. Your early consideration of this 

request would be greatly appreciated." 

Subdivision (h) of Section 3 of Article 7621d, Vernon's 

Civil Statutes, provides: 

"(h) Technical, sclentiflc, legal or 

other services shall be performed by personnel of other State agencies when requested 

by the Board, but the Board may employ and 

compensate with funds available therefore 

professional consultants, assistants and employees that may be :lecessary to carry out 

the provisions hereof and prescribe their 

powers and duties. The Board may request 

and shall receive the assistance of any State 

educational Institution, experimental station, 

or other State agency." 

In Attorney General's Opinion O-6066 (1944), it -eras 

held that the State Board of Public Accountancy 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 accountancy for the reason that 

the statutes creating the Board and prescribing Its authority 

and duty did not authorize such expenditure and did not make such 

proposed activity a duty of such Board. Likewise, in Attorney 

General's Opinion V-403 (1947), it was held that the State Board 

of Plumbing Examiners 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 legal department for the purpose 

of giving legal counsel or advice or handling litigation. In 

Attorney General's Opinion ~~-633 (1959), it was held that the 

State Building Commission did have authority to pay for professional fees of an attorney for services rendered In connection 

with land acnulsition, since Article 678m authorizes the Commission to enter into contracts necessary to provide for the obtaining of sites and the planning, designing and construction 

of buildings and specifically authorizes the employment of such 

professional assistants 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 "professional consultants, assistants and 

employees" is broad enough to include the contracting for 

professional services of an attorney. You are, therefore, advised that the Texas Water 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 Instruments and other matters of a legal nature 

relating to the administration of the Texas Water Pollution 

Control Board. 

SUMMARY 

The Texas Water 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 Instruments and 

other matters of a legal nature relating 

to the administration of the Texas Water 

Pollution Control Board. 

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