November 6, 1974

The Honorable Charlie Chapman Executive Director Structural Pest Control Board 313 East Anderson Lane Austin, Texas 78752 Dear Mr. .Chapman: Opinion No. H- (H-443) Re: Authority to charge examining fee in addition to license fee.

You have asked whether the Structural Pest Control Board of Texas (the Board) may charge an applicant for alicense a fee to cover the Board’s expense inadministering a written examination for the applicant? The Board was created in 1971by enactment ofthe Texas Structural Pest Control Act, Article 135b-6. Vernon’s Texas Civil Statutes. The Board is required to develop criteria for licensing persons engaged in structural pest control andmay require applicants for licenses topass an examination (Section 4). The types of license and their terms are set out inSections 5, 6and 6A. Sections 7and 8are as follows:

Sec. 7 (a) An applicant for aninitial or renewal license shall accompany his application with afee of$50 for each place ofbusiness located inthe State and afee ofbetween $5 and $15; as determined by the board, for each empl.oyee ofthe applicant who is engaged in structural pest control services. This is notto apply to those locations serving only as answering services for alicensed business. (b) A licensee whose license has been lost or destroyed shall be issued a duplicate license after application therefor and the payment ofafee of $10.Sec. 8. The.proceeds from the collection ofthe fees provided in this Act shall be deposited in a special fundin the State Treasury tobe known as the Structural Pest Control Fund, and shall, be p. 2043The Honorable Charlie Chapman, page 2 (H-443)

used for the administration and enforcement ofthe provisions of this Act. No expense incurred in implementing the provisions of this Act shall ever be a charge against the general revenue funds of the State of Texas. Any balance in the special ‘fund atthe end ofeach State fiscal biennium in excess of appropriations out ofthat fund for the succeeding biennium shall be transferred to the general revenue fund. All money deposited in the Structural Pest Control Fund is hereby appropriated to the board for the purpose ofcarrying out the provisions of this Act for the fiscal biennium ending August 31, 1973. We do notinterpret either of these as expressly authorizing the collection ofan examination fee separate and apart from the license fee. Itis well established in our law that, mless a fee is provided by law for an official service required to beperformed and the amount fixed by law, none can lawfully be charged. McCalla V. City ofRockdale, 246 S.W. 654 (Tex. 1922); Nueces County V. Currington, 162S.W. 2d 687 (Tex. 1942);, Attorney General Opinion V-1426 (1952). Accordingly we answer your question in the negative. The only fees the Board may collect at this time are those expressly authorized in Section 7ofArt. 136b-6, V. T. C.S. SUMMARY
Inthe absence ofan express statutory authorization; the Structural Pest Control Board of Texas may not charge a separaf:e fee for administering license examinations. Very truly yours,

8 x?R

JOHN L. HILL Attorney General of Texas p- 2044The Honorable Charlie Chapman, page 3 (H-443)

AP ROnVED: A 

# CA ~‘-ep

DAVID M. KENDALL, Chairman Opinion Committee

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