Untitled Texas Attorney General Opinion ( 1947 )

fy- ? -gg ;,j OFFICE OF THE ATTORNEY GENERAL AUSTIN.TEXAS PRICE DANIEL .4TTORNEY GEXERAI. October 7, 1947 State Board of Barber Examiners 202 Brueggerhoff Building Austin, Texas Opinion No.V-401 _I Re: Whether salaries can be paid out of Item 7 in Appropriation Bill for the State Board of Barber Examiners Attention: Mr. L. R. Holder, Secretary Gentlemen: You request our opinion as to whetner salaries may be paid out of ,Item 7 of your Departmental Appropri- ation for the biennium of 1947-1948. This item which appears under the neadlng of 94alntenance and MIscellan- eous” , reads as follows: “7. Inspectors and other employees travel ex- pense, shop rent, of- rice rent, orrice ex- pense (stamps, utlli- ties, stationery, tele- phone, telegraph, equlp- ment, etc.), court costs, pontlnaen$ services-, bond pre&s, and consumable supplies..$ 23,ooo.oo S 23 opo.00” Vol. 6, Vernon’s Texas Session Laws, 50th iegls- lature, 1947, p. 821. (Emphasis added) Immediately following this itemization is the statement that: “Subject to the limltatlons set forth in the provisions appearing at the end of this Act, the foregoing amounts for the State Board of Barber Examiners are here- by appropriated . . . .v States Board of Barber Examiners, page 2 (V-401) 2, Paragraph (1411, of Section 2, appearing at the end of the Act provides: “S. Contingent Expenses. None of the funds hereinabove appropriated for ‘contln- gent expenses’ or ‘maintenance and miscel- laneous’ shall be used for the payment of any salaries unless specifically authorlz- ed to be paid In the Itemization under the contingent maintenance and miscellaneous Items hereinabove set out and designated therein as ‘salaries ( ‘extra help,’ or ‘seasonal labor. I ‘I IP. 938) It is our oplnion that item 7 of your Appro- priation Bill is limited by paragraph (14)f, of Sec- tion 2, and that salaries cannot be paid therefrom. There is nothing in the itemization of Item No. 7 to take it out of the category of %aintenance and mis- cellaneous” . Item 7, Itself, contains the word “con- tingent”. The word ~‘services’~ following the word con- tingent must be held to mean services other than the payment of salaries, in order to harmonize Item 7 with paragraph (l&)f, of Section 2. SUMMARY Item 7 of the current appropriation for the State Board of Barber Examiners cannot be used to pay salaries In view of paragraph (14)f of Section 2 of the Rider to the Departmental Appropriation Bill. Ch.400, Acts 50th Leg., R. S. 1947, pp. 821, 938. Yours very truly, Fag Dickson Fir Assistant FD:mw