Untitled Texas Attorney General Opinion ( 1963 )

Honorable Coke R. Stevenson, Jr. Administrator Texas Liquor Control Board Sam Houston State Office Bldg. Austin 11, Texas Opinion No. C-150 Re: Whether employees who are put in one of the special S-2 or S-l rates on Septem- ber 1, 1963, may be subse- quently raised to Step 1 of the classification salary ~scheduleof H.B. 86 as their experience and performance Dear Mr. Stevenson: warrants. You have requested our interpretation of House Bill 86, the Appropriation Bill for the current biennium pertaining to the following situation: "On September 1, 1963 certain employees received a change In group classification. Those employees have been put in the special S-2 rate of the new salary group. Our ques- tion is, 'May employees who are put In one of the special S-2 or S-l rates on September 1, 1963 be subsequently raised to step 1 of the classification salary schedule of H.B. 86 as their experience and performance warrants It?"' In our recent opinion of August 8, 1.963, Attorney General's Opinion No. C-123, we Interpreted the section involved here, to-wit: Section 1B of HousesBill 86, per- taining to the special "S" rates. In that opinion we held that the hiring policies set forth in Section 1B applied equally to both those employees hired on and after Septem- ber 1, 1963, and those who were employed prior to that date. Further, it was held that the merit salary increases provisions did not apply as regards raises up to and in- cluding Step 1. We further held that the det.erminationof -729- Hon. Coke R. Stevenson, Jr., page 2 (C-150) when an employee's experience and performance warranted a raise from special "S-2" to "S-l" and "S-l" to Step 1 Is within the discretion of the Individual department. Therefore, employees who are put In any of the spe- cial "S" rates need not be frozen there and may be raised, at the discretion of the Department, to Step 1 of the clas- sification salary schedule of House Bill 86 as their ex- perience and performance warrant. SUMMARY Employees put in one of the spe- cial 'S" rates on September 1, 1963, may subsequently be raised to Step,1 of the designated salary range as the employees' experience and performance may warrant. Yours very truly, WAGGONER CARR Attorney General PP:.ms BY &@ Assistant APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Robert Lewis J. S. Bracewell Ernest Fortenberry John Reeves APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone -730-