TxxEA-rmmzmz~ GENERAL 

OFTEXAS 

Hon. W. D. Bradfield, Chairman, Opinion No. O-1768 

Texas Liquor Control Board, He: Authority of Texas Liquor Control 

Southern Methodist University Board to promulgate rule or regulaDallas, Texas tion that permits to sell intoxicating liquors will not be issued to 

Dear Sir: establishments "along the highways." 

We have for acknowledgment your letter of December 13, 1939, 

wherein you request the opinion of this department upon the question 

whether the Texas Liquor Control Board may promulgate a rule or regulation that permits to sell beer, beer and wine, and distilled liquors 

will not be issued, and those issued will not be renewed, for the operation of such establishments "along the highways." 

Practical difficulties confront us at the outset in comprehending the scope of your question. The sense in which you use the word 

“highways" is not apparent. If intended to refer only to State and Federal designated highways, will the rule comprehend only those portions 

thereof lying outside of incorporated cities or towns? If intended to 

apply only to State and Federal designated highways, and not to streets 

and roads or public ways generally, then, bearing in mind the fact that 

the rules of the Board must be reasonable and uniform in their operation, 

rather than arbitrary and discriminatory, what reasons exist for refusing 

permits along the State and Federal designated highways that do not apply 

with equal force to the refusal of permits on streets and public roads 

generally? What is meant by "along" the highways? Does the Board intend to establish a zone of territory abutting and extending back from 

the highways, in which territory permits to operate will not be granted? 

.These questions suggested by your inquiry serve to indicate 

the broad scope of the power which the Board asks if it may exercise. 

Administrative boards may exercise only such authority as is 

conferred upon them by law in clear and unmistakable terms. A power 

will not be deemed given by implication or extended by inference. Commercial Standard Insurance Co. Y. Board of Insurance Com'rs., 34 S. W. 

.(2d) 343; McDonald Y. American Fruit Growers Ass'n., 126 S. W. (2d) 83; 

Opinion No. o-1146, rendered by this department to Hon. Bert Ford, Administrator, Texas Liquor Control Board, under date of August 4, 1939. 

The Legislature cannot grant to an administrative agency the 

power to make a law, though it may confer authority upon such an agency 

to fill out the details by which the administration of a complete law 
Hon. W. D. Bradfield, page 2 (O-l'@) 

enacted by the Legislature is effected, in accordauce with standards 

or rules of conduct prescribed by the Legislature. Schechter Poultry 

Corpn. Y. U. S., 295 U. S. 495, 79 L. Ed. 1570, and authorities therein 

cited. 

The scope of the rule-making power conferred upon the Texas 

Liquor Control Board is to be measured by the foregoing rules. An exhaustive analysis of the provisions of the Act or an extended citation 

of and quotation From the numerous authorities upon this subject, would 

serve no useful purpose. It suffices to say that, upon a careful examination of the Act in the light of the rules stated, we find nothing which 

we construe as a grant to the Board by the Legislature of the power to 

exercise the broad authority necessary to support the validity of the 

proposed rule or regulation. It follows that the Board is without authority to deny or cancel a permit on the sole ground that the establishment to which it is iasued Will be operated "along the highway." 

Yours very truly 

A!ITOREEYGEkERALOFTEXAS 

By /s/ R. W. Fairchild 

R. W. Fairchild 

Assistant 

RWF:pbp:lm 

APPROVED DEC 22, 1939 

/s/ Gerald C. Mann 

ATl?OPXEY GENERAL OFTEXAS 

TBIS OPINION 

CONSIDERED AED 

APPROVED IN 

LIMPIED 

COIl-FFaENCE