The Honorable Roy J.German

Chairman Opinion No. H-870
Texas Commission onAlcoholism Re: Authority of Texas 809 Sam Houston Building Commission onAlcoholism Austin, Texas 78701 to certify "alcoholism counselors."
Dear Chairman German: You have requested our opinion regarding the authority of the Texas Commission onAlcoholism to certify persons as "alcoholism counselors" and to regulate the use of such title. The Texas Commission onAlcoholism was created by article 5561c,V.T.C.S., which provides, in section 5, that theCommission "shall have only the following duties and functions:(1) Carry on a continuing study of the

problems of alcoholism in this State, and seek to focus public attention on such problems. (2) Establish cooperative relationships with other State and local agencies, hospitals, clinics, public health, welfare, and law enforcement authorities, educational and medical agencies and organizations, and other related public and private groups.

. . . (4) Provide for treatment and rehabilitation of alcoholics
. . . . (Emphasisadded).

p. 3669The Honorable Roy J. German -page 2 (H-870)

Article 5561~ confers no express certification authority upon theCommission. board may It iswell established that a statutory

exercise only such authority as is conferred upon itby law in clear and unmistakable terms and the samewill not be construed as being conferred by implication. Board of Insurance Commissioners of Texas v. Guaaian Life Insurance Co., sup. 1944) 180KW.2d 9Oc 908 (Tex.

. See also Corzelius v. Railroad Commission, 182 S.W.2d 412, 415vex. Civ. APP. --Austin 1944, nowrit).
As the Supreme Court declared in State v. Cortez, 333 S.W.2d 839 (Tex.Sup. 1960), the authority of ?!ieState Board of Morticians to "prescribe rules and regulations pertaining to the operation of all funeral establishments" does not confer upon theBoard thepower torequire such funeral establishments to obtain a license to operate. Id. at 841. Thus, it isour opinion that theCommission has G authority to certify persons as "alcoholism counselors" or to require that aprivate corporation follow standards and procedures prescribed by the Commission regarding such certification. The current General Appropriations Act, however, appropriates specific sums to theDepartment ofMental Health and Mental Retardation, theDepartment of Health Resources, and the Department of Corrections, "to supplement the rehabilitation of alcoholics
. . .tobe expended with the advice of the Texas Commission onAlcoholism" for the employment of "alcoholism counselors." General Appropriations Act, Acts 1975, 64th Leg., ch. 743, art. II, § 1at 2443-44. When read in conjunction with the Commission's authority under article 5561~ to "provide for treatment and rehabilitation of alcoholics," itmight be argued that these state agencies may employ as alcoholism counselors only suchpersons as are certified by the Commission.
InAttorney General Opinion H-790 (19761,we dealt with a situation inwhich theDental Laboratory Advisory Board has been directed, under article 4551f,V.T.C.S., to "advise the Texas State Board of Dental Examiners." Such authority, we held, was advisory only, and the Board of Dental Examiners was not obliged to follow the recommendations of theDental

p.3670The Honorable Roy J.German -page 3 W-870)

Laboratory Advisory Board. Likewise, we believe that the three state agencies authorized by theGeneral Appropriations Act to employ alcoholism counselors may do sowithout theprior approval of the Commission onAlcoholism. Although the agencies should seek the "advice" of the Commission as to the standards tobe used inemploying alcoholism counselors, they are not bound by that advice.SUMMARY

The Texas Commission onAlcoholism has no authority to certify persons as "alcoholism counselors" or to require that aprivate corporation follow standards and procedures prescribed by theCommission regarding such certification. Although theDepartment of Mental Health andMental Retardation, the Department of Health Resources, and the Department of Corrections should seek the advice of theCommission as to the standards tobe used in employing alcoholism counselors, they are not bound by that advice. Very truly yours,

APPROVED: Attorney General of

Opinion Committee jwb Texas

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