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### TEEA~TORNEYGENERAL OF TEXAS

December 14, 1961
Honorable LynnBrown 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 PositionClassificationPlan hereinafterdescribedand with the salarv rates and nrovisions of the GeneralAppropriationsAct with the exceptionshereinafterprovided in this Section.

"Specificallyexcepted from the PositionClassification Planhereinafter described are .,. .suchother positions in the State Government as have heretoforebeen or as may heref'ter be excluded from such Position ilassification Plan D by direction of the Legislature." (Emphasisadded)
In Attorney General's OpinionNo. WW-1095 (1961), this office held that the PositionClassificationAct of 1961 did not apply to the Finance Commission and the Banking and Savings and Loan Departments. In such opinion referencewas made to certainportions of Article 342-112,Vernon's Civil Statutes, which provide that:

II e . *Fees,penaltiesand revenues collectedby the Banking Department from every source whatsoever shallbe retained and held by said Department, and no part of such fees, penalties and revenues shall everbe paid Into the General Revenue Fund of this State. All expenses incurredby 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, penaltiesand revenues of the Banking Department shallbe expended;

. . .It and the conclusionwas reached in Attorney Generalrs OpinionWW-1095 (1961) that the Legislatureconsidered that the Finance Commission and the Banking Department had been previously excluded from the PositionClassificationAct of 1961by 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:

"TheBoard shall administer the provisions of thisAct.
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.The Board is hereby authorized and empowered to employ,promote and discharge such assistants and employeesas it may deem necessary to nrowerlv carry out the intent and purpose o? this-Act,and to fix and pay their compensationand salariesand to provide for their duties and the .termsof their employment.

. . .It (Emphasisadded)
In addition Section 7 of Article 6243-101 provides that:

"All expenses incurredunder this Act shallbe paid from the fees collected by the Board under this Act. No expense incurredunder 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 PlumbingExaminershad been previously excluded from the PositionClassification Plan of 1961by virtue of the provisions found in Section 5 and Section 7 of Article 6243-101.

Any other conclusion would rendermeaningless the provision of Section 2 of the PositionClassificationAct of 1961 that:

"Specificallyexcepted from the PositionClassification Planherejnafter described are . . . such other positions in the State Government as have heretoforebeen or as may hereafter be excluded from such Position ClassificaUon Plan

. by direction of the Legislature." (Emphasisadded)Honorable Lynn Brown, page 4 (Wbf-1222)

SUMMARY

The PositionClassification Plan, extablishedby the PositionClassificationAct 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 PatBailey 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.