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Mr. Earl L. Yeakel, m - Page 2
necessarily implicit in the commission's general nle-making authority. Were it so implicit, there would have been no need fir the legislature to have set up by statute the seven advisory boards and one council which now advise the commission. "The legislature is never presumed to do a useless act" State v. Broaddus, 952 S.W.2d 598, 601 (Tex. App.-Houston [14th Dist.] 1997, pet. filed). Here, eight legislative acts would be presumptively unnecessary. The commission therefore is without authority to create the body contemplaed here. Such a creation is the province of the legislature. SUMMARY The Commission of Licensing and Regulation may not create an advisory board to aid in its regulation of the staff leasing services industry absent specific statutory authority to do so. Yours very tuly, James B. Tourtelott Assistant Attomy General Opinion Committee 3We note that pursuant to section 2001.031(b) of the Govenmment Code, "A state agency may appoint cmmittees of experts or interested persons or representative of te public to advise the agency about contemplated mAlemaking." This power, however, is limited by thde statutory language to advice about rulmaking, and does not in our view constitute authority for the creation of a standing body of the sort your question appears to contemplate.