JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. BOX 12548 

Austin, TX. 7871% 2545 

5 t 2l475-2501 

Telex 9101874-1387 

Telecopier 512I475-0266 

714 Jackson, Suite 700 

Dallas, TX. 752024506 

214l7428944 

4524 Alberta Ave., Suite 160 

El Psso, TX. 79905-2793 

915l533.3464 

1001 Texas. Suite 700 

Houston, TX. 77OU2-3111 

71312295886 

605 Broadway, Suite 312 

Lubbock, TX. 79401-3479 

SW747.5238 

4309 N. Tenth. Suite S 

McAllen. TX. 78501-1885 

5121682.4547 

200 Main PIszP, suite 400 

Sen Antonio. TX. 782052797 

512l2254191 

An Equal OpportunItyI 

Affirmative Actlon Employer 

The Attorney General of Texas 

M,urch 31. 1986 

Mr. Allm Parkar. Sr. 

Cotmnissioner 

Texas Department cf Labor 

and Standards 

P. 0. Box 12157 

Austin, Texas 78711 

Opinion No. JM-465 

Re: Whether the Texas Department 

Labor and Standards may set a pay 

scale for boxing officials under 

article 8501-1, V.T.C.S. 

Dear Mr. Parker: 

You ask whetker the commissioner of the Texas Department of Labor 

and Standards may promulgate a rule setting a pay scale for persons 

who officiate at 'Soxlng matches. The legislature has authorized the 

commissioner of the Texas Department of Labor and Standards to 

promulgate rules regulating the boxing~- and wrestling industry in 

Texes . V.T.C.S. ,art. 8501-l. The authority the legislature granted 

to the commissione:r, however, does not expressly include the authority 

to set a pay scale. for persons who officiate at boxing matches. 

The legislature has authorized the commissioners of the Texas 

Department of L;lbor and Standards to "promulgate any and all 

reasonable rules and regulations which may be necessary" to enforce 

the provisions of the Boxing and Wrestling Act. V.T.C.S. art. 8501-l. 

04(b). The only provisions of that act that could even conceivably 

serve as the basic for a rule setting a pay scale for boxing officials 

are the provisionr dealing with licensing of such officials: 

Sec. 9. (a) No person shall act as a profcssional '>oxer or wrastler, manager of a professional boxer or wrestler, referee, judge, second, 

timckeelar, or matchmaker until he has been 

licansei, pursuant to this Act. 

(b) The application for a licanse shall be 

made upc~n a form furnished by the commissioner and 

shall bo accompanied by an annual license fee as 

follows: 

(1) boxer ----- $15 

(2) wrestler ----- $15 

(3) manager ---- $75 

(4) matchmaker ----- $75 

p. 2131 
Mr. Allen Parker, Sr. - Page 2 (JM-465) 

(5) iudac ----- $15 

(6j ;ef;aee ---- 

17) sccoad -I-- 

iij titikaeper ---- 

$25 

$10 

$10 

(c) Revenue cbtained from license fees shall 

be deposited to the credit of the General Revenue 

Fund. 

Sec. 10. (1) The commissioner is authorized 

to promulgate rul.es and regulations setting forth 

reasonable quallVications for applicants seeking 

licenses as a promoter, manager, matchmaker, 

professional boxa:r or wrestler, judge, referee, 

second, or timekeeper. 

(b) The commissioner may after investigation 

and hearing deny an application for a license when 

the applicant hall failed to meet the established 

qualifications 01: has violated any provision of 

this Act or any rule or regulation issued pursuant 

to this Act. 

V.T.C.S. art. 8501-l. 809, 10. The act also provides that the 

commissioner may revoke 01: suspend the license of an official who 

violates any provision of the act or any rule promulgated pursuant to 

the act. - Id. 54(b). 

Rules promulgated by ztn administrative agency must be within the 

granted power and may not impose additional burden, conditions, or 

restrictions in excess of or inconsistent with statutory provisions. 

Bexar County Bail Bond Boin:d v. Deckard, 604 S.W.2d 214, 216 (Tex. 

Civ. App. - San Antonio 1985, no writ). The legislature has the power 

to regulate wages paid to private employees in at least soma circumstences. See art. 5159d, V.T.C.S. (minimum wage law). We find no 

authority, however, that would support the proposition that the 

authority to regulate wages is within the scope of a legislative grant 

of licensing authority to ML administrative agency. We think that an 

administrative agency would need to have a specific grant of authority 

to do so. See State Boari. of Morticians v. Cortez, 333 S.W.2d 839, 

841 (Tex. 19m (power to l&ke rules governing funeral establishments 

does not include power to license such establishments; board would 

need specific authority to do so). 

Therefore, the commisrl5.onar of the Texas Department of Labor and 

Standards may not promulgate a rule setting a pay scale for persons 

who officiate at boxing matches. 

p. 2132 
I 

. Mr. Allen Parker, Sr. - Page 3 (JM-465) 

SUMMARY 

The commissionrr of the Texas Department of 

Labor and Stand,nrds may not promulgate a rule 

setting a pay scale for persons who officiate at 

boxing matches. 

JACK HIGHTOWER 

First Assistant Attornay Gtmcral 

MARY KELLER 

Executive Assistant Attormy General 

ROBERT GRAY 

Special Assistant Attoruey General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Sarah Woelk 

Assistant Attorney General 

Attorney General of Texas 

p. 2133