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THEATTORNEYGENERAI. 

OF TEXAS 

PRICE DANIEL 

ATTORNEY GENERAL 

AUWFIN 1%. TEXAS 

Cctober 9, 1947 

Honorable R, CO Hughes, 

Chairman, State Board 

of Plumbing Examiners, 

Austin, Texas 

Qplniaa Bo. v-403 

Rer Authority of State 

Board of Plumbing 

Hamminers to employ Its own legal 

department E 

Dear Mr L Rughes: 

Your request is for an opinion of this department on the following questionr 

,. 

Does the State Board of plumbing Bxamfners, under the provisiona of the Plumbing License Law of 1947, have the authority 

to employ its own legal department for counsel and enforcement purposes? 

The only provisions of Senate Bill No, 188, 

The Plumbing License Law of 1(94r7, of the 50th Legislature, that are in anywlse,pertfnsnt to the question under oonsideration are the, following : 

Qeet~~on 5, fn part: c 

“The Board shall adml&t$$ter the provfsfons of thfs Act, The 0oarQ &all formally elect a chairman an8 a reeretary-treasurer from its members and may adopt such rules 

as it deemo necessary, for the orderly conduct 

of its affairs, The Board ia hereby authorfaed and empowered to employ, promote and dfscharge such assistants and employees as it 

may deem deasssary to properly carry out the 

intent and purpose of this Act, anQ to ffx 

and pay their compensation aad salaries and 

to provide for their &ties and the teams of 

their employment 0” 

Swtfoa 9? in part: 

“The Boar+d shaU bawl power to appoint p 
Honorable R, G, Hughes, page 2 (V-403) 

by an order fn writing, any corn etent 

person to take testimony in sue R hearing, 

who shall have pover to administer oaths, 

issue subpoenas and compel the attendance 

of witnesses, ard the decision of the 

Board shall be based upon its examinatfon 

of the testimony taken and the records 

produced O I’ 

It is clear that no express or Implied authorfty fs given in the Act to employ an attorney or attorneys as a legal department for the purpose of giving 

legal counsel or advice or handling lftfgation, The 

Board cannot employ an attorney to do those things which 

under the Constitution or statutes 4t is the duty of the 

U;rney General, a PIstrict or County Attorney to per0 

In Section 22 Article 4 of the Texas Constltutfon, we find the foliowing provision with reference 

to the Attorney General: 

unless otherwise rx~ressl~ directed by law, 

It fs rtated in 5 Tex. Jur, p0 378, that: 

“Important 88ong the Attom 

numerous task8 is the 4 utt o i l 

Go ver nor l nQ tha hoa48 of 

puLm;eyt 8 0 Thr rtatutr poti& that he 

at tiw rrqtwrt of thr Governor 

or th6 kd”of any dopartwattr of the state 

(ioverrment . 0 0 give thra w?ittea advice 

upon any question touching the public lntereat, or concclrning their officibl duties, n ‘I 

In Opinion Ao. O-6066, by a fCm%Br Attorney 

General, concar’nfng the le ality o? certain proposed 

l xpenaitures by the Stat. d oard of Public Accounting, 
,’ 

. 

. 

Honorable R, G, Hughes, page 3 (V-403) 

it fs safd: 

“Wfth reference to your third ausstioQ, 

the Board is nowhere xare authorized to 

pmlosr counsel, Imulted authority to emalov 

to the heads of all State Boards UD n matters 

oncernins their official duties, Coonsequentyy in answer to your third question you are 

reipectfully advised that a legal fe: of the 

type there described may not be considered an 

expense in connection with the maintenance of 

the Board within the meaning of Article 39.” 

(Emphasis ours) 

In Section 21, Article 5 of the Constitution, 

the following is found: 

“The County Attorneys shall represert 

the State in all casIs in the District and 

Inferior courts in their respective counties-l but If any county shall be Included 

in a dfstrict in which .there shall be a 

district attorney, WWIrespective dutfes 

of dfstrict attorneys and county attorneys 

shall in such counties be regulated by the 

Laglslature,~~ 

The Constitution empowers district and county 

attorneys to represent the State in all cases, civil ifid 

erimlnal, in the district and Inferior courts of their 

respect fve count fes o except In those cases where it confers that power on the Attorney General and where the 

Legislature has, under Section 22, Article 4: of the Constitution, created additional causes of action in favor 

of the State ahd entrusted their prosecution, whether in 

the trial or in tlie appellate courts solely to the Attorney General, Maud v. Terre11 104 Tax. 97 200 F. W o 

375; Brady v. Brooks, 99 Tex. 36b, 89 S. W. 1652, 

In view of the above quoted provisions of Senate Bill 188 and of the other statements of law and the 

former Attorney General’s opinions, the Board does not 

have authorPty to employ an attorney or attorneys for 

iegal counsel and advice or for conducting litigation* 

The Board does have authority, however, under Sections 
Ronorable Ft. G. Hughes, page 4 (V-403) 

5 and 9 of The plumbing License Law of 1947 to employ an 

attorney or attorneys for the same purposes for which 

‘any assistant or employee can be employed. They may be 

used for such enforcement purposes as the making of investigations and conducting of hearings and the taking 

of testimony therein. 

The Board of Plumbing Examiners does not 

have authority under The Plumbing License Law 

of 1947, S, B, 188 of the 50th Legislature to 

employ attorneys for legal counsel and advice 

or handling litigation or for the purpose of 

doing any other thing which under the Constitution or statutes it is the duty of the Attorney 

General a District or County Attorney to perform. i t may, however, employ attorneys as assistants or employees and may use them for the 

making of investigations and for the conducting 

of hearings and the taking of testimony therein. 

Yours very truly, 

A’l’TORNlK’ GENERAL OF TEXAS 

Assistant 

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