Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1961
Status
Published
On the bench
Will Wilson
Cited by
0 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.