JIM MATTOX Attorney General
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An Equal OpportunItyI Affirmative Actlon Employer 

# The Attorney General of Texas
M,urch31. 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 Standardsmay set a pay scale for boxing officials under article 8501-1,V.T.C.S.
Dear Mr. Parker: You askwhetker the commissionerof the Texas Department of Labor and Standards may promulgate a rule setting a pay scale for persons who officiate at 'Soxlngmatches. The legislaturehas 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 personswho officiate at boxingmatches. 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 thebasic for a rule setting a pay scale for boxing officials are the provisionr dealingwith licensingof such officials:

Sec. 9. (a) No person shall act as a profcssional '>oxeror wrastler, manager of a professional boxer or wrestler, referee, judge, second, timckeelar, or matchmaker until he has been licansei,

pursuant to thisAct. (b) The application for a licanse shall be made upc~na form furnishedby the commissionerand shall bo accompaniedby an annual license fee as follows:(1) boxer ----- $15

(2) wrestler ----- $15 (3) manager ---- $75 (4) matchmaker ----- $75

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

(5) iudac ----- $15 (6j ;ef;aee ---- 17) sccoad -I-- titikaeper ---- iij $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.esand regulations setting forth reasonable quallVications for applicants seeking licenses as a promoter, manager, matchmaker, professional boxa:ror wrestler, judge, referee, second, or timekeeper. (b) The commissioner may after investigation and hearing deny an application for a licensewhen the applicant hallfailed to meet the established qualifications 01:has violated any provision of thisAct or any rule or regulation issuedpursuant to thisAct. 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 promulgatedby ztnadministrativeagencymust be within the granted power and may not impose additional burden, conditions, or restrictions in excess of or inconsistentwith statutory provisions. Bexar County Bail Bond Boin:dv. Deckard, 604 S.W.2d 214, 216 (Tex. Civ. App. - San Antonio 1985,no writ). The legislaturehas 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 regulatewages is within the scope of a legislativegrant of licensing authority to ML administrativeagency. We think that an administrativeagencywould 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 specificauthority 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 boxingmatches.

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

SUMMARY The commissionrr of the Texas Department of Labor and Stand,nrdsmay not promulgate a rule setting a pay scale for persons who officiate at boxing matches.

JACK HIGHTOWER First AssistantAttornay Gtmcral
MARY KELLER ExecutiveAssistantAttormy General ROBERT GRAY SpecialAssistantAttoruey General RICK GILPIN Chairman, Opinion Committee Preparedby SarahWoelk AssistantAttorney General Attorney General of Texas

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