. . 

TEEA~TORNEYGENERAL 

OF TEXAS 

December 14, 1961 

Honorable Lynn Brown 

Administrator 

Texas State Board of Plumbing Examiners 

904 Lavaca Street 

Austin, Texas 

Opinion No. WW-1222 

Re: Whether the Position 

Classification Act 

of 1961 applies to, 

,the Texas State 

Board of Plumbing 

Dear Mr. Brown: Examiners. 

You have requested an opinion from this office 

on the question of: 

* .whether the Texas State Board 

of Pluibing Examiners Is subjeot to the 

Position Classification Aat of 1961, 

recently enacted.by the Regular Session 

of the 57th Legislature.” 

The Position Classification Act of 1961, House 

Bill 189, Acts of the 57th Legislature, Regular Session, 

1961, Chapter 123, page 238, provides in part as follows: 

“Sec. 2 All regular, full-time 

salaried employments within the departmente and agencies of the State apecifled 

In Artiale III, m . .of the biennial 

Appropriations Act, shall conform with 

the Position Classlfloatlon Plan herelnafter described. and with the salary 

rates and provisions of the applicable 

Appropriations Act oommenalng with the 

effective date of this Aot, with the 

exceDtions and deferments hereafter 

provided in this Sectlon. 

“Effective January 1, 1962, all 

regular, full-time salaried employments 

in executive or administrative agencies 

of the State, regardless of whether 

their funds are kept inside or outside 
, . 

Honorable Lynn Brown, page 2 (WW-1222) 

the State Treasury, shall also conform 

with the Position Classification Plan 

hereinafter described and with the 

salarv rates and nrovisions of the 

General Appropriations Act with the 

exceptions hereinafter provided in 

this Section. 

"Specifically excepted from the 

Position Classification Plan hereinafter described are .,. .such other 

positions in the State Government as 

have heretofore been or as may heref'ter be excluded from such Position 

ilassification Plan D by direction 

of the Legislature." (Emphasis added) 

In Attorney General's Opinion No. WW-1095 (1961), 

this office held that the Position Classification Act 

of 1961 did not apply to the Finance Commission and the 

Banking and Savings and Loan Departments. In such 

opinion reference was made to certain portions of Article 

342-112, Vernon's Civil Statutes, which provide that: 

II 

e . *Fees, penalties and revenues 

collected by the Banking Department from 

every source whatsoever shall be retained 

and held by said Department, and no part 

of such fees, penalties and revenues 

shall ever be paid Into the General 

Revenue Fund of this State. All expenses 

incurred by the Banking Department shall 

be paid only from such fees, penalties 

and revenues, and no such expense shall 

ever be a charge against the funds of 

this State. The Finance Commission 

shall adopt, and from time to time amend, 

budgets which shall direct the purposes, 

and prescribe the amounts, for which 

the fees, penalties and revenues of the 

Banking Department shall be expended; . . .It 

and the conclusion was reached in Attorney Generalrs 

Opinion WW-1095 (1961) that the Legislature considered 

that the Finance Commission and the Banking Department 

had been previously excluded from the Position Classification Act of 1961 by virtue of the provisions found 

in Article 3&2--1X. 
Honorable Lynn Brown, page 3 (km-1222) 

Aa to the Texas State Board of Plumbing. 

Examiners, we find in Section 5 of Article 6243-101, 

Vernon's Civil Statutes, the provision that: 

"The Board shall administer the 

provisions of this Act. . 0 . The 

Board is hereby authorized and empowered 

to employ, promote and discharge such 

assistants and employees as it may deem 

necessary to nrowerlv carry out the 

intent and purpose o? this-Act, and to 

fix and pay their compensation and 

salaries and to provide for their duties 

and the .terms of their employment. . . .It 

(Emphasis added) 

In addition Section 7 of Article 6243-101 

provides that: 

"All expenses incurred under this 

Act shall be paid from the fees collected 

by the Board under this Act. No expense 

incurred under this Act shall ever be a 

charge against the funds of the State of 

Texas. . . .; but no fees collected 

hereunder shall ever be paid into the 

General Fund of this state." 

Due to the similarity of language found in 

Article 342-112 and Section 5 and Section 7 of Article 

6243-101, the conclusion logically follows and we are 

of the opinion that the Legislature considered that the 

Texas State Board of Plumbing Examiners had been previously excluded from the Position Classification Plan 

of 1961 by virtue of the provisions found in Section 5 

and Section 7 of Article 6243-101. 

Any other conclusion would render meaningless 

the provision of Section 2 of the Position Classification Act of 1961 that: 

"Specifically excepted from the 

Position Classification Plan herejnafter described are . . . such other 

positions in the State Government as 

have heretofore been or as may hereafter be excluded from such Position 

ClassificaUon Plan . by direction 

of the Legislature." (Emphasis added) 
Honorable Lynn Brown, page 4 (Wbf-1222) 

SUMMARY 

The Position Classification Plan, 

extablished by the Position Classification Act of 1961, does not apply 

to the Texas State Board of Plumbing 

Examiners. 

PB:lgh:kh 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

By Pat Bailey 

Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Riley Eugene Fletcher 

Eugene Smith 

Morgan Nesbitt 

Linward Shivers 

REVIEWED FOR THE ,ATTORNEY GENERAL 

BY: Houghton Brcwnlee, Jr.