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August 28, 1952

Hon. G. E. Brereton, M.D., President Board ofVocational Nurse Examiners Austin, Texas OpinionNo. V-1515
Re:

Dear Sir:
Your request for Legality of paying surety bond premiums from funds appropriated to the Board of VocationalNurse Examiners.

an opinion of this office relates to the legality ofexpending funds of the Board of VocationalNurse 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 ofVocationalNurse Examiners and the last sentence of Section 4 (b) thereof states that "the Secretary-Treasurershall be bonded by the Board~in such amount as may be recommendedby the State Auditor."

this In Attorney General'sOpinion 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 incurredby him in furnishing the bond requiredby stat- ,ute,theremust exist some statutoryprovision for the allowanceand payment of the same."
In Attorney General's was said: Opinion O-3032 (1941) it

"ThisAct makes it the duty of the inspectorsto furnishbonds. There is no provision in the statutes or in the current appropriationbill 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 emolumentsas are expr~esslyconferred upon him as remuneration for the discharge of his officialduties 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 agentwho demandsmileage, fees or expensesmust 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 hissservicesas such public agent,"
In Attorney General's OpinionV-1255 (1951), which related to the act under consideration,this office stated:

"Failureof the Legislature to make an itemizedappropriation in the general appropriationbill for expendituresof the Board in accordancewith the proviso in Section 13 of House Bill 47 does not affect the availability of the appropriationmade by the general statute itself for the first two years in which the Act is operative. Otherwise, the intentionOf the Legislature to regulate the practice of vocational **nurs** ing would be defeated." Section 13 of House Bill 47 provides in part: "Uponand after the effectivedate 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 Treasurerbe placed in a separate fund. 1.

Hon. G. E. Brereton,~ M.D., .page3 (V71515) ~~

to be avaflable'forthe,use of .theCommission in theiadministrationof the,Act upon requisition of the Commission. All such moneys so'paid into the State Treasury are hereby specificallyappropriated to the Commission'for the purpose of paying the salariesand.expenses of all persons employed or appointedas providedherein for the administrationof this Act, and all other expensesnecessaryand proper for the administrationof this Act, including equipment andmaintenance of any supplies for such~officesor quarters as the Commission may occupy, and necessary traveling expenses for the Commission or persons authorizedto act for it when performingduties 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-Treasurerand officepersonnel in the absence of specific authorizationto that effect. This opinion is to be distinguished from OpinionV-1255 inasmuch as the general statuteprovided sufficient authority for a general appropriation to be utilized by the Board during the biennium. Any other holdingwould have negatived the obvious intentionof the Legislature in creating a Board ofVocationalNurse Examiners to regulate the practice of vocationalnurses. But to say that such authorizationcontained in the general statute is sufficient to authorizepayment of items such as the payment of bond premiums,which~it has been held, must be specificallyallowed,would be, in our opinion, beyond the realm of statutoryauthorizationcontained in Section 13 of the Act. Therefore, in answer to your specific question it is our opinion that the Board of Vocational Nurse Examinerswould not be authorized to expend funds of the Board in payment of bond premiums for the Secretary-Treasurerof such board and the office personnel. SlSMblARY

In the absence of specific authorization the Board ofVocational Nurse Examiners is not authorized to expend funds in payment ofHon. 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

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