Untitled Texas Attorney General Opinion ( 1986 )

The Attorney General of Texas
M,urch31. 1986
JIM MATTOX
Attorney General
Supreme Court Building Mr. Allm Parkar. Sr. Opinion No. JM-465
P. 0. BOX 12548 Cotmnissioner
Austin, TX. 7871% 2545
5 t 2l475-2501
Texas Department cf Labor Re: Whether the Texas Department
Telex 9101874-1387 and Standards Labor and Standards may set a pay
Telecopier 512I475-0266 P. 0. Box 12157 scale for boxing officials under
Austin, Texas 78711 article 8501-1, V.T.C.S.
714 Jackson, Suite 700
Dallas, TX. 752024506 Dear Mr. Parker:
214l7428944
You ask whetker the commissioner of the Texas Department of Labor
and Standards may promulgate a rule setting a pay scale for persons
4524 Alberta Ave., Suite 160
who officiate at 'Soxlngmatches. The legislature has authorized the
El Psso, TX. 79905-2793
915l533.3464 commissioner of the Texas Department of Labor and Standards to
promulgate rules regulating the boxing~-and wrestling industry in
Texes . V.T.C.S. ,art.8501-l. The authority the legislature granted
1001 Texas. Suite 700 to the commissione:r,however, does not expressly include the authority
Houston, TX. 77OU2-3111 to set a pay scale.for persons who officiate at boxing matches.
71312295886
The legislature has authorized the commissioners of the Texas
605 Broadway, Suite 312 Department of L;lbor and Standards to "promulgate any and all
Lubbock, TX. 79401-3479 reasonable rules and regulations which may be necessary" to enforce
SW747.5238 the provisions of the Boxing and Wrestling Act. V.T.C.S. art. 8501-l.
04(b). The only provisions of that act that could even conceivably
4309 N. Tenth. Suite S serve as the basic for a rule setting a pay scale for boxing officials
McAllen. TX. 78501-1885 are the provisionr dealing with licensing of such officials:
5121682.4547
Sec. 9. (a) No person shall act as a profcs-
200 Main PIszP, suite 400
sional '>oxer or wrastler, manager of a profes-
Sen Antonio. TX. 782052797 sional boxer or wrestler, referee, judge, second,
512l2254191 timckeelar, or matchmaker until he has been
licansei,pursuant to this Act.
An Equal OpportunItyI
Affirmative Actlon Employer
(b) The application for a licanse shall be
made upc~na form furnished by the commissioner and
shall bo accompanied by an annual license fee as
follows:
(1) boxer ----- $15
(2) wrestler ----- $15
(3) manager ---- $75
(4) matchmaker ----- $75
p. 2131
Mr. Allen Parker, Sr. - Page 2 (JM-465)
(5) iudac ----- $15
(6j ;ef;aee ---- $25
17) sccoad -I-- $10
iij titikaeper ---- $10
(c) Revenue cbtained from license fees shall
be deposited to the credit of the General Revenue
Fund.
Sec. 10. (1) The commissioner is authorized
to promulgate rul.esand regulations setting forth
reasonable quallVications for applicants seeking
licenses as a promoter, manager, matchmaker,
professional boxa:r or wrestler, judge, referee,
second, or timekeeper.
(b) The commissioner may after investigation
and hearing deny an application for a license when
the applicant hall failed to meet the established
qualifications 01: has violated any provision of
this Act or any rule or regulation issued pursuant
to this Act.
V.T.C.S. art. 8501-l. 809, 10. The act also provides that the
commissioner may revoke 01: suspend the license of an official who
violates any provision of the act or any rule promulgated pursuant to
the act. -Id. 54(b).
Rules promulgated by ztnadministrative agency must be within the
granted power and may not impose additional burden, conditions, or
restrictions in excess of or inconsistent with statutory provisions.
Bexar County Bail Bond Boin:d v. Deckard, 604 S.W.2d 214, 216 (Tex.
Civ. App. - San Antonio 1985, no writ). The legislature has the power
to regulate wages paid to private employees in at least soma circum-
stences. See art. 5159d, V.T.C.S. (minimum wage law). We find no
authority,however, that would support the proposition that the
authority to regulate wages is within the scope of a legislative grant
of licensing authority to ML administrative agency. We think that an
administrative agency would need to have a specific grant of authority
to do so. See State Boari. of Morticians v. Cortez, 333 S.W.2d 839,
841 (Tex. 19m (power to l&ke rules governing funeral establishments
does not include power to license such establishments; board would
need specific authority to do so).
Therefore, the commisrl5.onar
of the Texas Department of Labor and
Standards may not promulgate a rule setting a pay scale for persons
who officiate at boxing matches.
p. 2132
I
.
Mr. Allen Parker, Sr. - Page 3 (JM-465)
SUMMARY
The commissionrr of the Texas Department of
Labor and Stand,nrds may not promulgate a rule
setting a pay scale for persons who officiate at
boxing matches.
Attorney General of Texas
JACK HIGHTOWER
First Assistant Attornay Gtmcral
MARY KELLER
Executive Assistant Attormy General
ROBERT GRAY
Special Assistant Attoruey General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Sarah Woelk
Assistant Attorney General
p. 2133