Untitled Texas Attorney General Opinion ( 1974 )

November 6, 1974
The Honorable Charlie Chapman Opinion No. H- (H-443)
Executive Director
Structural Pest Control Board Re: Authority to charge
313 East Anderson Lane examining fee in
Austin, Texas 78752 addition to license
fee.
Dear Mr. .Chapman:
You have asked whether the Structural Pest Control Board of Texas
(the Board) may charge an applicant for a license a fee to cover the
Board’s expense in administering a written examination for the applicant?
The Board was created in 1971 by enactment of the Texas Structural
Pest Control Act, Article 135b-6. Vernon’s Texas Civil Statutes. The
Board is required to develop criteria for licensing persons engaged in
structural pest control and may require applicants for licenses to pass an
examination (Section 4). The types of license and their terms are set out
in Sections 5, 6 and 6A. Sections 7 and 8 are as follows:
Sec. 7 (a) An applicant for an initial or renewal
license shall accompany his application with a fee
of $50 for each place of business located in the State
and a fee of between $5 and $15; as determined by
the board, for each empl.oyee of the applicant who is
engaged in structural pest control services. This is
not to apply to those locations serving only as answering
services for a licensed business.
(b) A licensee whose license has been lost or
destroyed shall be issued a duplicate license after
application therefor and the payment of a fee of
$10.
Sec. 8. The.proceeds from the collection
of the fees provided in this Act shall be deposited
in a special fund in the State Treasury to be known
as the Structural Pest Control Fund, and shall, be
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The Honorable Charlie Chapman, page 2 (H-443)
used for the administration and enforcement of the
provisions of this Act. No expense incurred in
implementing the provisions of this Act shall ever
be a charge against the general revenue funds of
the State of Texas. Any balance in the special ‘fund
at the end of each State fiscal biennium in excess of
appropriations out of that fund for the succeeding
biennium shall be transferred to the general revenue
fund. All money deposited in the Structural Pest
Control Fund is hereby appropriated to the board
for the purpose of carrying out the provisions of
this Act for the fiscal biennium ending August 31,
1973.
We do not interpret either of these as expressly authorizing the collec-
tion of an examination fee separate and apart from the license fee.
It is well established in our law that, mless a fee is provided by law
for an official service required to be performed and the amount fixed by
law, none can lawfully be charged. McCalla V. City of Rockdale, 246
S. W. 654 (Tex. 1922); Nueces County V. Currington, 162 S. W. 2d 687 (Tex.
1942);, Attorney General Opinion V-1426 (1952).
Accordingly we answer your question in the negative. The only fees
the Board may collect at this time are those expressly authorized in
Section 7 of Art. 136b-6, V. T. C.S.
SUMMARY
In the absence of an express statutory authorization;
the Structural Pest Control Board of Texas may not
charge a separaf:e fee for administering license examina-
tions.
Very truly yours,
x?R
JOHN L. HILL
Attorney General of Texas
8
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The Honorable Charlie Chapman, page 3 (H-443)
AP ROnVED:
A
CA ~‘-ep
DAVID M. KENDALL, Chairman
Opinion Committee
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