The opinion
. .
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 depart-
mente and agencies of the State apecifled
In Artiale III, m . .of the biennial
Appropriations Act, shall conform with
the Position Classlfloatlon Plan hereln-
after 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 herein-
after described are .,. .such other
positions in the State Government as
have heretofore been or as may here-
f'terbe 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 Classi-
fication 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 .termsof 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 pre-
viously 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 Classifica-
tion Act of 1961 that:
"Specifically excepted from the
Position Classification Plan herejn-
after described are . . . such other
positions in the State Government as
have heretofore been or as may here-
after 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 Classi-
fication Act of 1961, does not apply
to the Texas State Board of Plumbing
Examiners.
Yours very truly,
WILL WILSON
Attorney General of Texas
PB:lgh:kh By Pat Bailey
Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Riley Eugene Fletcher
Eugene Smith
Morgan Nesbitt
Linward Shivers
REVIEWED FOR THE ,ATTORNEYGENERAL
BY: Houghton Brcwnlee, Jr.