The opinion
. .
EA~~ORNEY GENE-I.
OF TEXAS
Aun~liu H. Trizx~e
PRICE DANIEL
.MTORNEY
GENERAL
Novmber 18, 1948
Hon. C. E. Belk, Administrator
Board of Plumbing Examiners
Austin, Texas Opinion lo. v-720.
Re: The authority of the
State Board of Plumb-
ing Examiners to spon-
sor and defray the ex-
panses of instructional
institutea for plumbing
inspectors.
Dew Mr. Belk:
Noference Is ude to jmur wcwt opinion re-
quest as follows:
“Tbia efeas bar s*rted pra1lmiury
plmmimg for ths- Irclm & rewral Plub-
w Inipectors’ Institutes. These Instl-
tutor aw ‘to bo CQuductrd WJlely fQP the
Wnetlt of the ?lubing Inspectors In the
State of Texas concerning accepted sanl-
tar? plmbing practices. The Institute
would be conducted under the sponsorship
of The Unlwrrity of Texas rad would be
tawht br instructors srloctod br the Ilnlv-
ers lty . The following groups vill,be asked
to co-sponsor this Inrtltute alen vith the
BOMd:
“1. American Institute of Architects
“2, The Associated General Contractorr
A?. Associated Plumbing Contractors of’
Texas, Inc.
I).
4. Texas ?ublic Health Associattfon
*5. Texas lao Bulldora Asseciatio~
. .
Hon. C. E. Belk, Page 2, V-720.
"6. Texas State Association of dour-
neyman of the Plumbing and Pipe
Fitting Industry
‘These Institutes will be conducted
in Austin, Texas, and It would be nsces-
sary to conduct come eight or ten InstiL
tutes in order to reach all Plumbing In-
spectors in tha State. The purpose of
the Ihstituts is to f’lrst gain a unifom-
lty of lnsprctlon technique over the Stats
t&rough education and training; and, sec-
bad, $0 lrprovo ths caliber of inspections
In mny of the smaller cities over the Stmte
where the local Inspectors are not fully
cognizant of accepted sanitary practices.
A# rou know, the construction of the Act
sakes the local Plumbing Inspector the en-
forcemen,t arm of the Board. It Is through
their knowledge amd vigilance that safe
and sanltarr plubing installations are aa-
surod . The expense for instructors, man-
uals, plumbing exhibits, material,s, and
other miscellaneous Items would be borne
by the Board.
‘Will you therefore give us your opin-
ion as to whether the broad grant of author-
ity and discretion given the Board in the
?lumblng License Law of 1947 includes the
necsmsary authority to uke such expendl-
tures for the purpose of Improving the
strrdards of plumbing Inspections carried
on by individual city governments and the
resultant effect of greater protection for
the health, safety and welfare of the citi-
corns of the State.”
The sole responelblllty and authority of the
Board of Plwblng Examiners, under the Plublng License
Lsv of 1947, codified as Article 6243-101,Vernon’s Civil
statutes, is to issue or rsvoko llcens6s of plumbers and
plumbing Inspectors, upon ascertaining the subject’s fit-
ness or unfitness to engage In such ocaupation. while
tha Act Is designed to Improve generally the standards of
plumbing work and plumbing inspections, the only function
of the Board in furthsrance of tlmt design is to examine
applicants and te conduct lnvsstlgations and hearing a8
‘ .
Hon. C. E. Balk, Page 3, v-720.
to those charged vlth Incompetency or misconduct as
defined in the Act, to determine vhether license
should be issued or revoked. The Board, au an offl-
clal~ agency, has no authority or dutj to extend its
activities beyond the field of responsibility out-
lined ln the Act.
Bearing in mind the limited function of
the Board, It appears to be clear that the Board
may not under the wording of the present lav expend
Its official funds on expenses of such Institutes.
The Board of Plu8bitig Examiners
may not expend its iunds to pay the ex-
penses of in6tructlonal lnstltutea for
Plumblng IfZstLsctors.
Yours wry truly
ATTORNkYGM8RAL OF W
Ned lcDanie1
Assistant
z-j),&
ATTORREYOERBRAL
.
NBC: jmc