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August 8, 1958

Mr. Frank Scofield Opinion No. wW-488 Chairman Livestock Sanitary Commission Re: May the Livestock SaniFort Worth, Texas- tary Commission,under the appropriationmade by the 55th Legislature, employ and designate inspectors
as supervisors,and related Dear Mr. Scofleld: questions.

In your letter of July 10, you asked if, in our opinion, the Livestock Sanitary Commission could employ personnel under the appropriation for "SupervisingInspectors"when suchpersonnelwould not superviseadditionalmen, but would "give complete supervision of several counties in such specified districtswhere theywork". As we interpretyour request, you asked to be advised if the Commissionmay assign "Supervising Inspectors" (paidnot to exceed the applicable salary schedule)duties other than that of supervisingemployees of the Commission.

The pertinentprovisions of House Bill 133, Acts of 55th Legislature, Chapter 385 (GeneralAppropriationsAct) contain the following appropriationto the Livestock Sanitary Commission:

"For the Years Ending August 31, August 31, 1958 1959

.I
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. . . "12. For the eradication or control of any contagious, infectious, or communicable diseases of animals or live poultry, excluding indemnities $250,000 $ 250,000 PlusUnexpended BalanceMr. Frank Scofield, Page 2 (~~-488)

"13. For brucellosis eradicationand controlwhere livestock
owners voluntarily pay half the costs, there is hereby apDrODriated as the State's share thereof, the sum of 100,000 125,000 PlusUnexDended Balance

"14. For the payment of indemnities as provided in general law 15,000 15,000
Qrand Total, Livestock Sanitary Commission $459,860 $ 490,860

"The appropriationmade to the Livestock Sanitary Commission in Items 12 and 13 may be exDended for-personal services subject to the limitations hereinafter SDeCified. and for arofessional fees: for laboratory tests,-vaccines,*suppliesand materials including those for veterinarypurposes; rent, telephone, telegraph,postage, and freight or express charges; equipment, the operation,maintenance,, and replacement of trucks, and travel expense. (Emphasisadded)

"None of themoneys approprfatedin Item 13 may be expended for brucellosis eradication or control unless and untfl the Livestock Sanitary Commissionhas entered Into agreements as authorizedby law with livestock associationsor owners, or local and federal governments,which agreements shall stfpulate that costspaid by the State for brucellosfs inspections, vaccines, or controlmeasures shall not exceed fifty per cent of the total costs thereof. Such agreements shallbe filed with the Comptrollerprior to the disbursement of any moneys for brucellosfs eradicationand control from any of the appropriations herein made to the Livestock Sanftary Commission.

"Itis further provided that none of the moneys appropriated in Items 12 and 13 may be expendec, for employees of the Livestock Sanitary Commission exceptMr. Frank Scofield, Page 3 (~~-488)

in the positions and at salariesnot to exceed the annual rates specified as follows: Supervising Inspectors,NTE Inspectors,NTE

......
It will be noted that the provisions after Item 14 authorize the Commission to expend the funds enumerated in Items 12 and 13 for "personal services". The thirdparagraph reveals the Intent of the Legislature to authorize the Commission to use portions of such funds for paying employees an amount not to exceed the stated sums. There is no provision in the AppropriationAct indicatinghow many such employees may be hired, nor are the exact duties of suchpersonnel specified.

The duties of the Livestock Sanitary Commission are set forth in the Penal Code, and includemany duties to be performed by Inspectors. For example,Article 1525a of Vernon's Penal Code, in Section 1,authorizes the Commission to direct cattle or sheep owners to dip their livestock. Sections 6 and 10 specify such dipping is to be done under the "supervision of an authorized Inspector" of the Commission. Section 9 imposes the same duties insofar as they pertain to goats. Section 17 provides for the supervisionof disinfecting of corrals and pens, and Section 18 provides for similar supervision when owners refuse or fall to dip their livestock. Section 20 reads in part as follows:

salaries of local County Inspectors to be paid iy'the County,but salaries of the said Chief Inspector and District Supervising Inspectors to be paid by the State."

The same general scheme is evidenced in Articles 1525b, 1525c, 1525d, and 1525f of VernonIs Penal Code. Such provisions reveal a Legislative intent that persons employedby the Livestock Sanitary Commission for such Inspection and supervisory work, and who are paid by the State, are properly considered as filling a supervisoryposition. Furthermorewe feel the Commissionhas implied authority to so designate certain of its personnel, and to assign their duties.

"Impliedpowers. -- It Is equallywell settled however, that a law which confers a power or imposes
a duty upon an officer or board carriestiithIt by implication the authority to do such things as are..

Mr. Frank Scofield, Page 4 (W’W-488)

reasonably necessary to carry fnto effect the power granted or the duty Imposed. Thus power to do certainwork or to accomplfsh a certain resultwhich cannot otherwisebe accomplished, Implies the authority to employ such agents as may be reasonablynecessary to accomplish the work or purpose specified,and to engape them for sSfch

length of time as Is reasonably qeces34 Tex.Jur. 444, Public Officers, EZion 68.

The Livestock Sanitary Comm1ssfon 4s authorized to employ personnel as "supervisinginspectors" and to assign suchpersons to carry out the duties imposedupon the Commission as they may pertain to the "completesupervision"of the work in several counties, Including Inspection of livestock and facilities, and to pay them the amount provfded in the current AppropriationAct for "supervisinginspectors”

. It is not obligatory that the duties of suchpersonnelbe confined to the supervision of other employees.

SUMMARY
The livestock Sanitary Commission,under Its appropriationmade by the 55th Legislature, may employ and designatepersonnel as "supervising inspectors" though their duties are not limited to the supervfsionof other Commissfon employees.
Yours very truly,

WILL WILSON Attornes General of Texas

,a,& !@'?A2 Tom I. McFarling Assistant TIM:br:mg APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Henry G. Braswell L. P. Lollar Wayland C. Rivers, Jr. Linward Shivers REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert