The Honorable Roy J. German 

Chairman 

Opinion No. H-870 

Texas Commission on Alcoholism Re: Authority of Texas 

809 Sam Houston Building Commission on Alcoholism 

Austin, Texas 78701 to certify "alcoholism 

counselors." 

Dear Chairman German: 

You have requested our opinion regarding the authority 

of the Texas Commission on Alcoholism to certify persons as 

"alcoholism counselors" and to regulate the use of such 

title. The Texas Commission on Alcoholism was created by 

article 5561c, V.T.C.S., which provides, in section 5, that 

the Commission "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 . . . . (Emphasis added). 

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

Article 5561~ confers no express certification authority 

upon the Commission. 

board may 

It is well established that a statutory 

exercise only such authority as is conferred 

upon it by law in clear and unmistakable 

terms and the same will not be construed as 

being conferred by implication. Board of 

Insurance Commissioners of Texas v. Guaaian 

Life Insurance Co., 

sup. 1944) 

180 KW.2d 9Oc 908 (Tex. 

. See also Corzelius v. Railroad 

Commission, 182 S.W.2d 412, 415 vex. Civ. 

APP. -- Austin 1944, no writ). 

As the Supreme Court declared in State v. Cortez, 333 S.W.2d 

839 (Tex. Sup. 1960), the authority of ?!ie State Board of 

Morticians to "prescribe rules and regulations pertaining to 

the operation of all funeral establishments" does not confer 

upon the Board the power to require such funeral establishments to obtain a license to operate. Id. at 841. Thus, it 

is our opinion that the Commission has G authority to 

certify persons as "alcoholism counselors" or to require 

that a private corporation follow standards and procedures 

prescribed by the Commission regarding such certification. 

The current General Appropriations Act, however, appropriates specific sums to the Department of Mental Health and 

Mental Retardation, the Department of Health Resources, and 

the Department of Corrections, "to supplement the rehabilitation of alcoholics . . . to be expended with the advice of 

the Texas Commission on Alcoholism" for the employment of 

"alcoholism counselors." General Appropriations Act, Acts 

1975, 64th Leg., ch. 743, art. II, § 1 at 2443-44. When 

read in conjunction with the Commission's authority under 

article 5561~ to "provide for treatment and rehabilitation 

of alcoholics," it might be argued that these state agencies 

may employ as alcoholism counselors only such persons as are 

certified by the Commission. 

In Attorney General Opinion H-790 (19761, we dealt with 

a situation in which the Dental 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 the Dental 

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

Laboratory Advisory Board. Likewise, we believe that the three 

state agencies authorized by the General Appropriations Act 

to employ alcoholism counselors may do so without the prior 

approval of the Commission on Alcoholism. Although the agencies 

should seek the "advice" of the Commission as to the standards 

to be used in employing alcoholism counselors, they are not 

bound by that advice. 

SUMMARY 

The Texas Commission on Alcoholism has no 

authority to certify persons as "alcoholism 

counselors" or to require that a private 

corporation follow standards and procedures 

prescribed by the Commission regarding such 

certification. Although the Department of 

Mental Health and Mental Retardation, the 

Department of Health Resources, and the 

Department of Corrections should seek the 

advice of the Commission as to the standards 

to be used in employing alcoholism counselors, 

they are not bound by that advice. 

Very truly yours, 

APPROVED: 

Attorney General of 

Opinion Committee 

jwb 

Texas 

p. 3671