.i - 

S 

August 28, 1952 

Hon. G. E. Brereton, M.D., President 

Board of Vocational 

Nurse Examiners 

Austin, Texas Opinion No. V-1515 

Re: 

Dear Sir: 

Your request for 

Legality of paying surety 

bond premiums from funds 

appropriated to the Board of 

Vocational Nurse Examiners. 

an opinion of this office relates to the legality ofexpending funds of the Board of 

Vocational Nurse Examiners in payment of premiums on 

surety bonds for the Secretary-Treas,urer and office 

personnel. 

House Bill 47, Acts 52nd Leg., R.S. 1951 ch. 

118, p. 197 created the Board of Vocational Nurse Examiners and the last sentence of Section 4 (b) thereof 

states that "the Secretary-Treasurer shall be bonded 

by the Board~in such amount as may be recommended by 

the State Auditor." 

this 

In Attorney General's Opinion O-2092 (1940) 

office said: 

II in order for the Chief Clerk of 

the DepaGtment of Agriculture to be entitled 

to reimbursement for the expense incurred by 

him in furnishing the bond required by stat- 

,ute, there must exist some statutory provision for the allowance and payment of the 

same." 

In Attorney General's 

was said: 

Opinion O-3032 (1941) it 

"This Act makes it the duty of the 

inspectors to furnish bonds. There is no 

provision in the statutes or in the current 

appropriation bill providing for reimbursement to the inspector for the expenses in- 
Hon. G. E. Brereton, M.D., page 2 (V-1515) 

curred by him in furnishing the bond requir4d 

by the statute. 

"It is the rule that anofficer or agent 

of the State is allowed only such'compensation and emoluments as are expr~essly conferred upon him as remuneration for the discharge of his official duties as an agent of 

the State. McCalla v. City of Rockdale, 112 

Tef. 209, 246 S.W. 654. It follows that any 

public officer or agent who demands mileage, 

fees or expenses must point out some statute 

authorizing its allowance. Where a duty req~uiring an expenditure of money is imposed 

upon a public officer or agent, and no provision is made for reimbursement to this officer by the State for the expenses inc,urred, 

such officer or agent is deemed to be repaid 

for the expenses incurred in the discharge 

of such duty bye whatever compensation is 

allowed and paid to him for hiss services as 

such public agent," 

In Attorney General's Opinion V-1255 (1951), 

which related to the act under consideration, this office stated: 

"Failure of the Legislature to make an 

itemized appropriation in the general appropriation bill for expenditures of the 

Board in accordance with the proviso in 

Section 13 of House Bill 47 does not affect 

the availability of the appropriation made 

by the general statute itself for the first 

two years in which the Act is operative. 

Otherwise, the intention Of the Legislature 

to regulate the practice of vocational nursing would be defeated." 

Section 13 of House Bill 47 provides in part: 

"Upon and after the effective date of 

this Act, all moneys derived from fees, assessments, or charges under this Act, shall 

be paid by the Commission into the State 

Treas'ury for safe-keeping, and shall by the 

State Treasurer be placed in a separate fund 
. 1. 

Hon. G. E. Brereton,~ M.D., .page 3 (V71515) ~~ 

to be avaflable'for the,use of .the Commission in theiadministration of the,Act upon 

requisition of the Commission. All such 

moneys so'paid into the State Treasury are 

hereby specifically appropriated to the Commission'for the purpose of paying the 

salaries and. expenses of all persons employed or appointed as provided herein for 

the administration of this Act, and all 

other expenses necessary and proper for the 

administration of this Act, including equipment and maintenance of any supplies for 

such~offices or quarters as the Commission 

may occupy, and necessary traveling expenses 

for the Commission or persons authorized to 

act for it when performing duties hereunder 

at the request of the Commission." 

Section 13, in our opinion, is not sufficient 

authorization for the payment of bond premiums of the 

Secretary-Treasurer and office personnel in the absence 

of specific authorization to that effect. This opinion 

is to be distinguished from Opinion V-1255 inasmuch as 

the general statute provided sufficient authority for 

a general appropriation to be utilized by the Board 

during the biennium. Any other holding would have 

negatived the obvious intention of the Legislature in 

creating a Board of Vocational Nurse Examiners to regulate the practice of vocational nurses. But to say 

that such authorization contained in the general statute is sufficient to authorize payment of items such 

as the payment of bond premiums, which~it has been held, 

must be specifically allowed, would be, in our opinion, 

beyond the realm of statutory authorization contained 

in Section 13 of the Act. Therefore, in answer to your 

specific question it is our opinion that the Board of 

Vocational Nurse Examiners would not be authorized to 

expend funds of the Board in payment of bond premiums 

for the Secretary-Treasurer of such board and the office personnel. 

SlSMblARY 

In the absence of specific authorization 

the Board of Vocational Nurse Examiners is 

not authorized to expend funds in payment of 
Hon. G. E. Brereton, M.D., page 4 (V-1515) 

premiums for surety bonds of the SecretaryTreasurer and office personnel of the Board. 

Yours very truly, 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Division 

E. Jacobson 

Reviewing Assistant 

Charles D. Mathews 

First Assistant 

PRICE DANIEL 

Attorney General 

-2.J 

BY 

Burnell Waldrep 

Assistant 

BW:am