Untitled Texas Attorney General Opinion ( 1974 )

THEATTORNEYGENERAL
OFTEX.``
Auwruu. Tnmt~e 787ll
The Honorable Wilson E. Speir Opinion No. H- 256
Director
Texas Department of Public Safety Re: Whether salary increases
5805 N. Lamar Blvd. for 5-years continuous
Box 4087 service may be paid
Austin, Texas 78773 from funds for “federal
grant financed programs”
Dear Mr. Speir:
The General Appropriations Act for fiscal years 1974-1975, (Acts
1973, 63rd Leg., ch. 659, p, 1786 at 2191) states that employees classi-
fied in salary groups 2-7 and having five years or more continuous ser-
vice shall be paid longevity increases. You ask whether these longevity
increases can be paid out of the funds made available to the Department
of Public Safety in item 16 of its appropriations for fiscal years 1974-1975.
Item 16 appropriates funds to be used for “Federal Grant Financed
Programs. ” Appropriations Act, supra, p. 2026. You advise that the
federally financed programs to which item 16 refers provide for the pay-
ment of salaries to Department employees classified in salary groups 2-7
and specifically include funds for the payment of longevity increases to
them.
The Salary Provisions of the Appropriations Act, at p. 2’191, in §la(l)
state that generally longevity.increases are to be paid from those items
designated as such. But added to this statement is the following sentence:
“In those instances where lump sum appropriations contain salaries, agen-
cies may use funds from those items when the designation [sic] longevity
increases are included therein. ” Item 16 is a lump sum appropriation for
federally financed programs which contain not only salaries but also longe-
vity increases. Therefore, the funds it makes available to the Department
can be used for payment of the longevityincreases to which employees classi-
fied in salary groups 2-7 have become entitled by virtue of five years service
or more.
p. 1196
The Honorable Wilson E. Speir, page 2 (H-256)
S’UMMARY
Funds appropriated to the Department of Public
Safety for “Federal Grant Financed Programs” can
be used for the payment of longevity increases if the
programs themselves cover the payment of such in-
creases.
Very truly yours,
JOHN L. HILL
Attorney General of Texas
DAVID M. KENDALL, Chairman
Opinion Committee
p. 1197
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