Untitled Texas Attorney General Opinion ( 1962 )

August 14, 1962 Major General Thomas S. Bishop Opinion No. ``-1416 Adjutant General of Texas Austin, Texas Re: Does an appropriation exist out of which an injured National Guards- man, entitled by Article 5945(a), Vernon's Civil Statutes, may receive pay and allowances dur- ing his period of dls- Dear General Bishop: ability. It was held in a prior opinion of this office (WW-1390) that Major Billie G. Hollowell, Texas Air National Guard, was entitled to receive pay and allowances during his period of dis- such period not to exceed six (6) months under the $%f",f&s of Article 5945(a), Vernon's Civil Staiutes. You now ask this office to determine whether an appropriation exists out of which Major Hollowell may receive the pay and allowances to which he Is entitled. In the Appropriation Act of the 57th Legislature, under the heading ADJUTANT GENERAL'S DEPARTMENT, we find the following: (1 . . . “6. For medical and hospital service fees and wages;" We are not concerned here with medical and hospital service fees, inasmuch as the Federal government is furnishing those to Major Hollowell. However, from the linking of the fees and wages in line item 6, one can only conclude that the Legislature intended this particular appropriation to cover any expenditures that may become necessary under Article 5945(a). Further, in Black's Law Dictionary, 4th Ed., the word "wages" is defined in part as follows: II Every form of remuneration payable for a given'period to an individual for personal services, including salaries, commissions, vaca- Major General Thomas S. Bishop, page 2. (w-1416) tion pay, dismissal wages, bonuses and reason- able value of board, rent, housing, lodging, payments in kind, tips, and any other similar advantage received from the individual's em- ployer or directly with respect to work for him." We hold that the word "wages," as used in the line item appro- priation above quoted includes the pay and allowances to which Major Hollowell is entitled. SUMMARY The appropriation made in item 6, ADJUTANT GENERAL'S DEPARTMENT, of the Appro- priation Act of the 57th Legislature provides the fund out of which pay and allowances may be paid to a National Guardsman during a period of disability, within the meaning of Article 5945(a), Vernon's Civil Statutes. Very truly yours, WILL WILSON Attorney General of Texas MLQ:mkh:zt APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Bob Shannon J. C. Davis J. Arthur Sandlin REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore