Opinion No.

Office of the Attorney General — State of Texas John Cornyn Mr. John R. Speed, P.E. Executive Director Texas Board of Professional Engineers P.O. Drawer 18329 Austin, Texas 78760-8329

Re: Whether Texas Natural Resource Conservation Commission has authority under chapter 366 of the Texas Health and Safety Code to require certification of "site evaluators" (RQ-1090)

Dear Mr. Speed:

On behalf of the Texas Board of Professional Engineers (the "Board"), you ask several questions about the rule-making authority of the Texas Natural Resource Conservation Commission (the "TNRCC" or "Commission") under…