Texas Attorney General Opinion: V-1150 Page: 2 of 4
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;30
Hon. C. E. Belk, page 2 (V-1150)
collection of fees by the Board, and makes other
general provisions for the enforcement of various
plumbing regulations. All expenses of the Board
in enforcing such Act are to be paid out of fees
collected by the Board, but Section 7 of the Act
provides that no fees so collected shall ever be
deposited in the General Fund of the State. No-
where in Article 6243-101, V.C.S., is there any' re-
quirement that the Board obtain collateral security
for its deposits. In fact, the Legislature contem-
plated that the Board should never accumulate a
large balance of funds, since Section 7 further pro-
vides that if the funds remaining in the hands of
the Board at the end of each year are in excess of
the expenses of the Board, then the Board shall re-
duce the amount of license fees. In view of this
latter provision and the absolute omission of any
requirement throughout Article 6243,161, V.C.S.s,
that collateral security be furnished by . .pg i
stories of the Board's funds, and in vie of he -
several statutes above cited specifically requir-
ing collateral in many instances, we are of the"
opinion that.the Legislature did not intbad to re-
quire that deposits of the State Boar of Piumbign
Examiners be secured by collateral.
* This brings us to your other questions,
which in substance are as follows:
May the State Board of PlumbingEmi0-
era, as a matter of discretion, . enter into an. agree-
ment with the depository bank, whether it be a state
or national bank, for the bank to secure depositt of
the Board's funds?
In the first place, the members of the
State Board of Plumbing Examiners are public offi-
cers of this State and the Board is an agency of
Ah- members of the State Board of Pharmacy were
held to be public officers of this State.
In the second place, the moneys collected
by the Board are public moneys or funds of the State,
even though not required to be deposited in the Gen-
eral Fund of the State. Cf. Game and Pish Cosis-sion v.oTalbott, 64 S.W.2d 889( -. C. . 'App-- )93
Riey v. Forbes, 227 Pac. 768 (Cal. Sup. 192) Sttarr
v. people , 157 P.2d 135 (Colo. Sup. 1945).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1150, text, February 9, 1951; (https://texashistory.unt.edu/ark:/67531/metapth265967/m1/2/?q=%221951~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.