Case Information
*1 WRALD C. MANN A- 1% ‘iikx~~
*-- a-
Hon. 1. s. Bus$ey, chief
Weights smi Lleasims Division
Depsrtelent Of'Agrioulture
Austin, Texas~, opinion I&. O-1188
Dear Sir:
Ret Shduld the Department of Agricdture issue a Certificate of Authori* to Mr. Mel1 under the~faots'set forth7
We.are '+I maeipt'ef your letter of July 25,. 193S,.~~..whi& you request this. depaifmetit'to~advise yOu as to whether & not the DeReMsmnt of Agricul- ture should $ssue:a Certificate of Ati$hijrity as a p&ii0 wei-her to a 16. IA. B; I?&1 of San Antonio, whose afficial bond has been appro%ed ~ythe -jkmwisr sionerdi'Cou% and filed in the~bond reoords of Bexar County. The‘appliaant has remitted the reouired fee of (5.00.
You'Lmll.our'attention to Sazate RI11 Roi SS; passed by the Forty- sixth Texas Legis&ature, which smendsthe present Public Weighers* law and'affeots Bexar:Comw.
You are ad7deedthatthd.s department +s ruled 5enate.Rill Th. SS un- oongt'itutional in an opinion Ro. O-868 w the Ron. Ross Carlton, Assistant Attorney General, dated Jtie.5, 19SSe It was held that it is a purely local law attempting tc.regulate the affairs of Bexar County,~ end as su is in tiolation of Article 5, Seation 56 of the Constitution of the SW of Texas.
As a result Senate Bill No. 39 would have no effeot upon the issua, of a Certificate of Authority as a publio.weigher to,&@. hL B. Mell,
Runemus opinians have~been written by this department on question1 relating to plblic we%ghrs, first, who'are appointed under Artioles 668: and 5692, Revised avil Statutes, 19263 and who qualify under Article 5 Revised civil Statutes, 1925. We wish to refer you especially to the dated September 22, 1927 to Hon. George B* Terrell, Ccmmissiene: opinion of Agriculture, by the Hon..Joe S. Brom, Assistant Attomq General. After quoting the Supreme Court of Texas in the case of Paschal V.
Inmen, 157 S.W. 1158, the opinion reads~r
Hononblo Ceo. B. Sheppard, we~ k
-E. The total moelpt8 deposited to the Boiler Inapeotlon Bound dudng the psrlod from Ju3m s, 1957 through fun. 5, 19S8 uaa $S8,!369.84.
These deposlta actually began i.n September 1937.
W. The total of wwrant8 iaiued against the Bollar InBpeetion Fund during the that year (6-3-37 through 6-34S) was e&i,7S4.98, leaving a balancr at that date-of #l8,184.86. It le im- powibla to determine tha mnnt of out8tandlng obligations uhioh were oubaoquently paid from this balanoo.
*4. Ou 8, 1958 the Trea6amr warn au- thorized to $ran#fer the sum OS )lO,OOO.Oo from tha Boiler In8peotlon Fund totha Culeral Rennua FUUU. EQ other traw8ra hare boon made.
"8. The balanw on hand at Juno S, 19S8 wa8 e4.238 in the Conoral mwanua appropriation and $U,lS4.86 In the Boilor Xnapeetlon nmd.-
Sestlon 18 oi Home Bill Mao. SSE, Aot8 of the 45th Legiolaturo, protidu'fbr an appropriation out or the cienanl I4Wb.W FU3Ia th0 SwUJ Of T0X.W in ths 8OP Cpr TWU¶tt ThOU- aand Dollara ($80,000.00) or so mnoh thereo$ l snf'ba non- uryfor the purpose si oarrylng out the prorialons of the yiat whatuer amouat was xpaadoa out Aot, *d auo provides tioii3 be replaco4 by the Cemmisaioner of t~:~,.~ppropriatlon SlDn'$&8 aollaakd under the tom8 of tha Aat durlng the flntyear of It8 oporatlon. ,3eatlon 18 thsd aontinuu rith the folle prorfmion:
1. any money8 remaining in.the rund at the * ol~~ of the ibOa year ending Aaguat 51 loJO, are reappropriated to the uu of the C-telansl: ior the purpau oi aarrying out pro~lslona of Aat.
8. Any unexpendod balanoe of rundo rw~lm- ing in the 8oiler mpeotfon Fu33d at the 01080 of the fisaal year ending Sl, 1958, not eraeedlng $lO,OCC.OO is appropriated for the use of the Commissioner in earming out the pwpow~ OS the Aat.
a. For eeah 8uaoeadiog rlsoal year any um- tupt3mded balance 3ramaining in the tuud not ex- *3 Hononblo 080. a. Sheppard, Page s
086dlng tlc,000.00 is to b* oar&d forward for the purpose or snforae3wnt 0r tha Aot.
4. Any amount rmiining in the fund in *‘I- ou8 0r #lo,ooo.oo at the 010~ or any rhoal year after 19s 8hal.l revart to ths oanaral Rar- onuo m34 0r tbs State or hxaa.
.Aoaordbg to th0 1ufO~tlon rou have fUrnisha& us, ths whole 0r the $19,97s.m di8bun04 from the $80,000 C&n&ma1 Revenue Appropriation hould hare been replaoed. Yomlrlll note, however, that while the Le&alatUm prarid- od for the replaaemmt or suoh expsndituxws, it also pro- da04 that only tee8 aolloated during the first par'8 operation of the AOt should be available for mmh we. For thlr reason balanoo ln tha Bailer Inspeotlon Fund as 0r *uguat 31, 1958, the end 0r fint tit3081 yuar, is unimportant xoept that it mbraoee and include8 the bal- anee on hand as of Jtm S, 1933, the end or. the tire 78~8 of the Aot. opaatlon
The balanoe on hand in the Soiler Inspeatlon Fund. on fun0 s, 19X3, was #le,rs4.86, anb the whole or thu amount 8hould have boon transfomd to the Caneral Revenue Fund. On August 8 lose, $10,000.00 of thla balanoe was so transiorred, bating i&LS4.86 in the Boflar fnrpeotion Fund whbth 8hfda ,$~a been applied to tha oonaral Revenue Approprlatiim.
fn both your lotter of September 8 and that ot z3#dgt&:m! So you point out that tha balanoe in the ~milsr Inrpeaelon Fuud at the 01080 0r the flsual pdar sod&g Sl, 1938, was 8(,9@8.21 and it appsare tham has never bson a lesser aaount in this Fund than the balanoa appearing on Sl, 1958.
xt is the opinion this Department that the sum of ~,lS4.86, 188s the total amount of all wemnts nhiah hare bun paid and wers mu04 for olaius arising prior to Juno 3, 19S8, 6hould be trawema rxka the Boiler Xnlrpea- tion Fund to the t3ensral Rwrenua Fund in atmrdanee rlth t&m requbesmte or section 18 of House Bill S6e, A6ts oi the 46th legialatum.
Yours very truly