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## THEATTORNEYGENERAI. OF TEXAS

PRICE DANIEL ATTORNEY

GENERAL AUWFIN 1%.TEXAS Cctober 

## 9,1947
Honorable R, COHughes, Chairman, State Board of Plumbing Examiners, Austin, Texas Qplniaa Bo. 

## v-403 Rer Authority of State Board of Plumbing Hamminersto employ Its ownlegal department E Dear MrLRughes:

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 Lawof 1947, have the authority to employ its ownlegal department for counsel and enforcement purposes? The only provisions of Senate Bill No, 188, The Plumbing License Lawof 1(94r7,of the 50th Legislature, that are in anywlse,pertfnsnt to the question under oonsideration are the, following :

Qeet~~on5, fn part: c

“The Board shall adml&t$$terthe provfsfons of thfs Act, The 0oarQ &all formally elect a chairman an8a reeretary-treasurer from its membersand mayadopt such rules as it deemonecessary, for the orderly conduct of its affairs, The Board ia hereby authorfaed and empoweredto employ, promote and dfscharge such assistants and employees as it maydeemdeasssary to properly carry out the intent and purpose of this Act, anQto ffx and pay their compensation aad salaries and to provide for their &ties and the teams of their employment0 ” Swtfoa 9? in part:

“The Boar+dshaU bawl power to appoint pHonorable R, G, Hughes, page 2 (V-403)
by an order fn writing, any cornetent person to take testimony in sueRhearing, whoshall 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, wefind the foliowing provision with reference to the Attorney General:

unless otherwise rx~ressl~ directed by law,

It fs rtated in 

### 5Tex. Jur, p0 

### 378, that:

“Important 88ong the Attom numerous task8 is the 4utt oil Governor

l nQtha hoa48 of puLm;eyt 80 Thr rtatutr poti& that he

at tiw rrqtwrt of thr Governor or th6 kd”of any dopartwattr of the state (ioverrment

. 0 0give 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%BrAttorney General, concar’nfng the le ality o? certain proposed 

### l xpenaitures by the Stat. doard 

### 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 UDn 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 maynot 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 countfes oexcept 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, Maudv. Terre11 104 Tax. 97 200 F. Wo 375; Brady v. Brooks, 99Tex. 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* TheBoard does haveauthority, however, under SectionsRonorable Ft.G. Hughes, page 4 (V-403)

5and 9 of The plumbing License Lawof 1947 to employ an attorney or attorneys for the samepurposes for which

‘any assistant or employee can be employed. They maybe used for such enforcement purposes as the making of investigations and conducting of hearings and the taking of testimony therein.

TheBoard 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. it may, however, employ attorneys as assistants or employees andmayuse 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

OFTEXAS

Assistant

APPROVPD