Untitled Texas Attorney General Opinion ( 1971 )

I
E E GICBJE``AI,
OF EXAS
Hon. Tommy V. Smith Opinion No. ~-899
Commissioner
Bureau of Labor Statistics Re: Authority of Commissioner
Capitol Station of Bureau of Labor Stat-
Austin, Texas 78711 istics, pursuant to Article
614-17c, Texas Penal Code,
to promulgate rules and
regulations limiting the
number of boxing and
wrestling promoters in
Texas cities within cer-
tain population brackets.
Dear Mr. Smith:
Your recent letter requesting the opinion of this office
concerning the referenced matter states, in part, as follows:
"A question has arisen as to whether Article
614-17~ of the Penal Code of the State of Texas
authorizes the Commissioner of Labor Statistics
to promulgate rules and regulations to limit the
number of boxing and wrestling promoters for
cities in the State of Texas. Specifically, can
the Commissioner establish rules and regulations
that will limit cities of certain populations to
a maximum number of boxing and wrestling promoters?"
Article 614-17c, Texas Penal Code, provides, in part, as
follows:
"The Commissioner of Labor is hereby empowered
and it is hereby made his duty to promulgate any
and all reasonable rules and regulations which may
be necessary for the purpose of enforcinq the pro-
visions of this Law . . ."(Emphasis added.)
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I. .
Hon. Tommy V. Smith, page 2 (M-899)
Articles 614-l through 614-17c, Texas Penal Code, constitute
the Boxing and Wrestling law of the State of Texas. With reference
to boxing and wrestling promoters, Article 614-4 provides for a
scale of graduated registration fees for such promoters, with
such fees increasing for cities within certain population brackets
wherein the promoter does business. Article 614-S provides for
a graduated scale of requisite surety bond amounts for such
promoters, once again, depending on the population of the city
wherein they do business.
Nowhere. however. in the Boxina and Wrestlina* law is there
found any provision limiting, or authorizing you to limit, the
number of boxing and wrestling promoters for cities within certain
population brackets.
Article 614-17~ does authorize you to "promulgate any and
all reasonable rules and regulations . . . for the purpose of
enforcing the provisions of this Law . . ." If such rules and
regulations are consistent with, related to, and in implementation
of, any of the provisions of the Boxing and Wrestling Law, such
rules and regulations are valid. Kee v. Baber, 157 Tex. 387,
303 S.W.2d 376 (1957): Texas State Board of Examiners in Optometry
v. Carp, 412 S.W.2d 307 (Tex.Sup. 19671,.
However, Article 614-17~ does not authorize the issuance
of rules and regulations which are in excess of, or inconsistent
with, the statutory provisions; nor may you impose any additional
burdens, conditions, or restrictions which would result in giving
such rules and regulations a higher mandate than that of the
statute.,..,Kellyv. Industrial Accident Board, 358 S.W.2d 874
(Tex.Civ.App. 1962, error ref.): Bailey v. Texas Indemnity In-
surance Co., 14 S.W.2d 790 (Tex.Comm.App. 1929); Attorney General's
Opinions No. M-609-A (1970) and No. M-868 (1971); 2 Am.Jur.2d 126,
Administrative Law, Sec. 300; and Id. at pp. 129-30, Sec. 301,
wherein it is stated that an adminztrative agency cannot create
a new license requirement or compel that to be done which lies
without the scope of a statute.
In view of the foregoing, we are of the opinion that there
is no authorization in the Boxing and Wrestling Law for you
to promulgate rules and regulations limiting the number of boxing
and wrestling promoters in cities of certain population brackets.
Your question is, therefore, answered in the negative.
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I .
Hon. Tommy V. Smith, page 3 (M-899)
SUMMARY
There is no authorization in the pro-
visions of Article 614-17c, Texas Penal Code,
for the Commissioner of the Bureau of Labor
Statistics to promulgate rules and regulations
limiting the number of boxing and wrestling
promoters in cities within certain population
brackets.
truly yours,
ney General of Texas
Prepared by Austin C. Bray, Jr.
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Ronald Luna
Camm Lary
Jerry Roberts
Dick Chote
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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