Untitled Texas Attorney General Opinion ( 1965 )

August 31, 1965
Dr. James E. Peavy Opinion No. C-493
Commissioner of Health
Texas State Department of Health Re: Whether the Sanitarians
Austin, Texas Registration and License
Fund is a special fund
under the direction of
the State Treasurer and
Dear Dr. Peavy: related question.
Your letter requesting an opinion of this office reads
in part as follows:
"The Sanitarians Registration Act (Senates
Bill 333) as passed by the 59th Legislature au-
thorizes the State Board of Health to set up
certain proceedings for the registration of
sanitarians; the charging of a Ten Dollar
($10.00) fee and providing authorization for
the setting up of standards and qualifications
for sanitarians to be registered under the Act.
"The Act further authorizes fees and ex-
penses in Section 8 . . .
$8
. . .
"In reviewing this Act with the Comptroller's
Office in order to establish a special Sanitarians
Registration and License Fund, the following ques-
tions were raised:
"1. Is the Sanitarians Registration and
License Fund a special fund under the direction
of the State Treasurer? The first sentence of
-2331-
Dr. James E. Peavy, page 2 (C-493 )
8(b) creates a special fund; however, the last
sentence infers that the fund may not be in the
State Treasury (for example, it may be a trust
fund).
"2. If this is a special fund under the
direction of the State Treasurer, are the
receipts appropriated to the Texas State Depart-
ment of Health?
"3. If this is a special fund under the
direction of the State Treasurer, then what is
the meaning of the last sentence in Section 8
lb)? The surplus would already be in the State
Treasury.
,I
. . .
"We would appreciate your assistance in
answering the questions herein raised and your
interpretation and direction as to our procedure
in setting up the special fund in the State
Treasury."
Sec. 8(b) of S. B. No. 333, Acts 59th Leg., 1965, ch.
300, p. 606, provides:
"There is created a swcial Sanitarians
Reqistration and License Fund which will consist
of any and all fees charged or collected under
any of the provisions of this Act. The Fund
shall be under the suoervision of the Board
which shall file annually a statement of in-
come and expenses with the Secretary of State.
All exoenses necessarv to the administration
and enforcement of this Act. as well as any
other exnenses of whatsoever character that may
arise becuase of the terms and provisions hereof,
shall be made from the Fund, including the reim-
bursements made to Board members, as provided
for by the provisions of this Act. Any surplus
remaininq in the Sanitarians Registration and
License Fund, at the end of each fiscal year,
-2332-
Dr. James E. Peavy, page 3 (C-493 )
not necessary to defray the expenses mentioned
and provided under the terms of this Act, shall
be paid into the State Treasury." (Emphasis
added).
The Legislature has clearly set apart those fees
collected by authority of Senate Bill 333 into a special fund
entitled "Sanitarians Registration and License Fund." A special
purpose has been designated for funds collected under Senate
Bill 333. The caption of Senate Bill 333 reads in part as
follows:
II
.providing for expenditure and other
. .
disposition of funds collected under provisions
of the Act and fixing purposes for which such
funds may be used: . . .II
Section 8(b) as quoted above, clearly authorizes ex-
penditures of funds collected under the Act for all expenses nec-
essary to the administration and enforcement of the Act, as well
as other expenses which may arise because of the terms and pro-
visions of the Act. Fees collected under the Act are used ex-
clusively for the occupation required to pay them and therefore
are collected in a valid special fund. James v. Joseph, 179
S.W.2d 411 (Tex.Civ.App. 1944) reversed on other grounds, 143
Tex. 440, 185 S.W.2d 974. 52 Tex.Jur.Zd. 747, State of Texas,
§ 36. In Section 8(b) the words "into the State Treasury" mean
that funds are to be transferred into the General Fund. Manion
v. Lockhart, 131 Tex. 175, 114 S.W.2d 216 (1938). The State
has the right, if the Legislature deems it necessary, to pass
suitable laws authorizing the balance of Special Funds created
by statute to be used for general purposes. Gulf Ins. Co. v.
James, 143 Tex. 424, 185 S.W.2d 966 (1945).
In absence of any constitutional or statutory require-
ment that Special Funds or state funds must be deposited in the
hands of the State Treasurer, a statute authorizing collection
of license fees in a Special Fund will not be construed so as to
require deposit of such fees into the custody of the State
Treasurer. Gipson v. Ingram, 215 Ark. 812, 223 S.W.2d 595
(1949); State Licensing Board of Contractors v. State Civil
Service Commission, 110 So. 2d 847 (La. Ct. of App. 1959, aff. on
ape. 1. Fees collected under the Act may be paid to the State
-2333-
Dr. James E. Peavy, page 4 (G-493 )
Treasurer as custodian of the Sanitarians Registration and
License Fund administered as a special fund. The State Board
of Health is authorized by the Act to expend funds collected
under the Act for purposes described by the Act. A full re-
port of expenditures is to be filed with the Secretary of State
at the end of each fiscal year. All monies are to be de-
posited in the General Revenue Fund at the end of each fiscal
year.
It is our opinion that:
(1) The Sanitarians Registration and License Fund is
a special fund which may be deposited in the custody of the State
Treasurer.
(2) Monies deposited in the Sanitarians Registration
and License Fund are to be expended under supervision of the
State Board of Health for the purposes enumerated by Senate Bill
333, 59th Legislature, 1965.
(3) Any monies remaining in the Sanitarians Regis-
tration and License Fund at the end of each fiscal year are to
be transferred to the General Fund of the State Treasury.
SUMMARY
(1) The Sanitarians Registration and License
Fund is a special fund which may be deposited in
the custody of the State Treasurer.
(2) Monies deposited in the Sanitarians
Registration and License Fund are to be expended
under the supervision of the State Board of Health
for the purposes enumerated by Senate Bill 333,
59th Leg.
;(3) Any monies remaining in the Sani-
tarians Registration and License Fund at the
end of each fiscal year are to be transferred to
the General Fund of the State Treasury.
-2334-
r -
Dr. James E. PeaVy. Page 5 (c-493 )
Very truly yours.
WAGGONER CARR
Attorney General
Bv:
Gordon Houser
Assistant
GH:ra
APPROVED:
OPINION CCMMITTEE
w. 0. Shultz, Chairman
Dean Arrington
John Banks
Jim Briscoe
Larry Craddock
APPROVED FOR THE ATTORNEY GENERAL
BY: T. B. Wright
-2335-