Untitled Texas Attorney General Opinion ( 1953 )

NE GENERAL OFTEXAS August 13, 1953 Hon. John H. Winters, Executive Secretary State Youth Development Council Austin, Texas Opinion NO. s-85 Re: Necessity of separate salary checks when salaries appropriated in the biennial appropriation act have been supplemented by appropriation for this purpose in separate legislation; legality of proposed salary adjnst- ments under Section 2&a, Article II, Ch. 81, Acts 53rd Leg., 1953. Dear Mr. Winters: Your letter requests our opinion on two distinct questions concerning salary appropriations for the Central Office of the Youth Development Council for the biennium beginning September 1, 1953. You state that the Council proposes to supplement each full time Ceniral Office salary itemized in the general appropriations act in the amount of $180, You plan to pay this supplement out of the Youth Development Council Fund, as authorized by one of the appropr&ting items contained in the act creating that special fund. Your first question “In setting up the payroll for these positions, will the %O.OO be added to each line item appropriation thus permft- ting one check to be written for each employee, or will it be necessary for the funds to be set up so as to require the issuance of the regular salary prGvided for-in the line item appropriation of House Bill 111 fchapter 8g and a separate check In the amount of $15.00 a month to be drawn on the “Youth Development Council Fund”? We have carefully examined the provisions of Chap- ters 81 and 387 and are convinced that no legal problem is presented by your first question. The Legislature in this instance has not decided whether such supplements, If paid, * Art. II, Ch. 81,, Acts 53rd Leg., 1953, p. 127, at p. 149. ** Sec. 4, Ch. 387, Acts 53rd Leg., 1953, p. 927, at p. 928. Hon. John H. Nlnters, page 2 (s-85) should be included in the regular salary warrants or should be by separate warrant. Consequently, it would be legal to use either method. Your second question asks whether the Council, by authority of a rider contained In the new general appropria- tions act may make adjustments in certain line item salary appropria c ions contained therein. The rider in question provides : “The governing board of any hospital, school, or institution for which an appro- priation 5s made in this Article may use any savings in the respective approprla- tions specified for salaries and wages which may be obtained through simplifying methods of work, through consolidating or ellminat- lng positions, and through other economies in salary and wage costs, for increasing the salaries and wages of the remaining positions and personnel; provided, however, the amount of any such Increases shall not exceed by $50 per month the salary rates specified in this Article; and provided further that such increases may not be applied to any position for which a salary rate of $10,000 or more is specified in this Article.” Art. II Sec. 24a, Ch. 81, acts 53rd Leg., 1953, P* 137, at p. 166. As explained in your letter and accompanying data you plan to eliminate one position and reduce the authorizeA salary in another position now specified in Chapter 81. With money so saved you plan to increase the maximumsala- ries now specified for two other positions and to increase the sum now appropriated for your two secretaries so as to enable you to pay each of them a salary approximating the speciffed ‘lMTE1llimit of $2,940 per year. You state that the combined increases due to Section 24a and to the supplement provided in Chapter 387 will in no individual case exceed $50 per month. It is the opinion of this office that under Section 2&a the Council may make the proposed adjustments in its line item appropriations. SUMMARY The Youth Development Council may ar- range to pay the salary supplements authorized Hon. John H, Winters, page 3 (S-85) by Section 3 of Chapter 387, Acts 53rd Leg., 1953, either by separates check or by in- cluding same in the regular sa i ary warrant. On the facts submitted the Council is au- thorized under Section 24a of Article II, Chapter 81 pacts 53rd Leg., 1953, to make certain sa i ary adjustments in salaries spe- cified in Chapter 81. APPROVED: Yours very truly, C. K. Richards JOHNBEN SEB'PERD Appellate Division Attorney General W. V. Geppert Reviewer BY Willis E. Gresham Reviewer Assistant Robert S. Trotti First Assistant PR:wb