Untitled Texas Attorney General Opinion ( 1962 )

Mrs. Marie Hudson, Commissioner Opinion No. WW-1470 Firemen's Pension Austin, Texas Re: Whether seasonal help can be paid out of ap- propriation to Firemen's Pension Commissioner as "currentland recurring Dear Mrs. Hudson: expense. We quote from your letter requesting an opinion from this office as follows: "Since the operating budget of this office is so very small, our 'office expense' has always been lumped into one Appropriation although it was, of course, set out individually in our Bud- get Request. The items covered under office ex- pense are--postage, stationery, supplies, contin- gent expenses and seasonal help. Our Budget Request for September 1, 1961, through August 31, 1963, in- cluded a request for seasonal help in the amount of $450.00. This amount was appropriated by the Legislature. "From September 1, 1961 through August 31, 1962, we paid seasonal help out of this Appropriation, how- ever, we are now advised by the Comptroller that we are not permitted to pay seasonal help out of the of- fice expense fund due to the phrasing of the appropriation as it came out in Senate Bill No. 1. "We are at a loss to understand why seasonal help was paid out of this Fund last year but cannot be paid this year. It is our contention that the phrase 'current and recurring operating expense' can include seasonal help. "Will you please give us a ruling on whether or not, in your opinion, seasonal help can be paid out of this fund as it has for the past 22 years and since money for seasonal help was approved by the 57th Legis- lature." Mrs. Marie Hudson, page 2 (WW-1470) The important provisions of the Firemen's Pension Commissioner's budget request for the fiscal year ending August 31, 1963 are listed as follows: "Salaries and Wages: Commissioner $7,200 Secretary III Sub-total, Salaries and Wages &%- "Other Expenses Travel Expense L 1,200 Seasonal help 450 Postage Telephone & Telegraph 22; Stationary & Printing 150 Office Supplies 65 Repairs to Office Equipment 15 Office Eauinment--Canital - - Outlay Sub-total, Other Expenses 2r;366 Sub-total, Travel & Other Expenses 2,560 That part of the current appropriations to the Fire- men's Pension Commissioner, Senate Bill No. 1, First Called Session, 57th Legislature, 1961, most pertinent to our discussion provides as follows: "Firemen's Pension Commissloner "For the Years Ending August 31, 1963 “Out ofGenera Revenue Fund: For Salaries and Wages-- Commissioner :: Secretary III Sub-total, Salaries and Wages For Other,Expenses Mrs. Marie Hudson, page 3 (WWd470) 3. Travel Expense 1,200 4. Consumable supplies and materials, current and recurring operating ex- I pense (excluding travel ,expense), and capital out- lay 1,350" After making an examination of the appropriation to the Commissioner for the fiscal year ending August 31, 1963, in the light of the budget request for the same period, it would appear that the Legislative intent was to include the budget request of 'seasonal help' In line item No. 4 of the current appropriation to the Firemen's Pension Commissioner as "current and recurring operating expense." However, the first paragraph of Section 30 of Article V of Senate Bill No. 1 provides as follows: "Sec. 30. LIMITATIONS ON USE OF OTHER EXPENSE FUNDS FOR PAYING SALARIES AND WAGES. None of the funds appropriated in Articles I, II, and III of this Act, or for the Central Education Agency in Article IV of this Act, in items designated for consumable supplies and materials, current or re- curring operating expense or capital outlay may be used for paying any salaries and wages unless the language of those items explicitly authorizes such use. 11 . . .II In view of the fact that the payment of salaries to seasonal employees is not explicitly authorized in line item No. 4 of the current appropriations to the Firemen's Pension Commissioner, it is our opinion that such salaries are not authorized to be paid. SUMMARY The limitations on the use of other expense funds for paying salaries and wages which are imposed by Article V, Section 30, Senate Bill No. 1, First Called Session, 57th Legislature, 1961, prohibit the payment of seasonal help out of the appropriation to the Fire- men's Pension Commissioner as 'current and recurring - . Mrs. Marie Hudson, page 4 (W-1470) operating expense.1 Sincerely, WILL WILSON Attorney General of T&as 1RW:mkh APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Joe Trimble Milton Richardson R.EVIEWEDFOR THE ATTORNEY GENERAL BY: Leonard Passmore