Untitled Texas Attorney General Opinion ( 1959 )

THEAFJTORNEY GENERAL OF TEXAS Honorable Firmest 0. Thompcton, CZmIrman RaIlroud commlsaIon of Texas Austin, Texas, Re: Under the provisions of the appropriation for the Oas Utilities Elvislen of the Rail- road Commlaslon ,as ooataIned in the Ap- propriatlon Act, 55th Leg. R.S. 1957, can the CozaIssIonemploy a firm of Publio Utility Aeaonntamtsfor evaluation Dear Hr. Thoapuon: servioef4. You huve~requestedan opinion on the tollowIng questions: "Questionho. 1: Can the C4laissIon utlfize the savings In salaried Items in the employment of a qualified public utlll- ty evaluation servioe? “Qeatloa Ro. 2: Can the Colriesion likevise utilize the 6um appropriated un- der Item 48 'For Other Expense' and which reads 'and othm neceesary expenses to be incurred in the admInIntratIonandenforce- ment, eta.'?" You state In your letter that the Railroad Com- mission by reason of Inadequate appropriationand lnade- quate salary authorizationhas not been able to maintain a staff of auditors and engineers to properly evaluate the teetImony presen,tedin a resent hearing on an appli- cation of the Loan Star Qas Compeny for authorizationto Inurease the cost of gas In it.8lntra-city operations, and that It vi11 be neoeasary to erplo~ a capable ezperl- enced firm of public utility aacountants to carry out the Ccmzzlssitin~a dutyin properly evaluating the evi- dence and exhibits already Introduced. Honorable Ernest 0. Thompson, page 2 (``-578) Article 6065, Vernon's Civil Statutes provides in part as follows: "The Commission may employ and appoint, from time to time, such experts, assistants, accountants, engineers, clerks and other persons as it deems necessary%to enable it at all times to inspeat :and audit all records or receipts, disbursements, vouchers, prices, payrolls,.time,cards, books and official re- cords, to inspect all property and records of the ~utilities.sub;ject to the provisions here- of, and~to perform such other services as may be directed by.the Commission or under its authority." .. Pursuant to the above quoted provisions, the Railroad Commission has the authority to enter into con- tracts to acquire the services of experts in a particular case. .' The Legislature by line Item has appropriated moneys for the payment of various salaries of employeesin the: Gas Utilities Division. Following these line Items for the payment ,of ,salarlesand,wages, Item 48 appropriates moneys for other expenses as follows: "SherIffs'~and witness Pees,,~postage, books,.bond ,premiums,, stationery, telephone and telegraph, equipment, travel,,the main- tenance, operation and ,replacementof one passenger vehicle, and other necessary ex- penses to be incurred in the administration and enforcementof;and as contemplated by the ,provisionsof Chapter 16 of the General Laws of Texas,.lp25, as'smended and the pro- 792), visions of Chapter.2 (,H.B..No.~ Acts of the Forty-sixth Legislature . . . "It is expressly,provlded that any saving in the..salari-ed,items for the:Gas Uttllties Division may be'expended :for n~ece'ssary Other Expense items shown in'iltemNo. 48;.durIng each of the fiscalyears ,of the biennium~be- ginning September 1, 1957.,!'(Emphasis ours.) ,' .' :" ,' I .. ,' Honorable Ernest 0. Thompson, page 3 (``-578) Section 8 of Article VI of House Bill 1 3, Acts of the 55th Legislature (Qeneral AppropriationAct provides: "Sec. 8. LimitationsOIIuse of Other Expense funds for paying salaries and, wages. None of the funds appropriatedin Article I, II and III of this act in Items designated for travel expense, %her opera- ting expense, for capital outlay or equlp- ment, or for maintenance,miscellaneousand contingent expenses, may be used for paying any salaries and wages ltnlessthe language of those items explicitlyauthorizes such use. "In those instances where the language of such items does explicitlyauthorize the use of such funds for paying salaries and wages, such employees shall not be paid a larger amount than that provided in the reg- ular appropriatedsalary Items for similar positions in such agenay of the State. In the event there are no similar positions within such agency, then such employees shall not be paid a larger amount than that provided for similar vork or positions elsewhere In the State Government. In the event common laborers, skilled laborers, and mechanics cannot be obtained at the salary rates lndlca- ted in this paragraph, then the head of such agency of the State may pay for temporary employment only at rates not exceeding the prevailing wage aaale paid in the locality where temporary serviae Is to be rendered." Since Item 48 Is "For Other Expenses" the prohi- bition contained In Section 8 of Article VI above quoted applies to the expenditureof Item 48, together with the' moneys available for expenditurefor other expenses whhich is saved from salary Items for the Qas Utilities Division. merefore, the question presented by you is whether the employment of a firm of public utility accountants as experts in their field to make the evaluationproposed In your request constitutesthe payment of salaries or wages Honorable Ernest 0. Thompson, page :4 (``-578)' ' or constitutes a ,contingen~texpense,necessaryto the operation of the Railroad~Commisslon in ,this, particular ease. Since the proposed contract is not for the performance of duties generally for the Commission, but is entered into 'Inorher to aapfire '2ne'aerv~cal3ti x?xp@t P-aXu&t%onriccaurft- ants and/or engineers to carry out a specific valuation in a particular case, It Is our opinion that &oh: contract does not constitute the payment of any salary or,wage. On the contrary, such expenditure is a neoessarg expense to the Commission under the facts submitted and, therefore, payable out of Item 48 and any sum transferred to Item 48 which is saved from salaried items. Your questions are, therefore, answered in the affirmative. SUMMARY Item 48 of the appropriation to the Railroad Commission may be expended for the purpose of con- traating with a firm of experts to make necessary evaluations en- abling the Railroad Comnilssionto carry out its duty in evaluating the testimony ;?dduc,ed at a hearing before the RaIlroad Commission. Yours very truly, WILL WILSON Attorney General of Texas ‘&iii?kLefd Assistant JR:rm:mfh APPROVED: OPINION COMMITTEE Geo. P. Elackburn, 'Chairman Jot Hodges/Jr. Grundy Williams Grady H. Chandler Wallace Finfrock REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. GEPPERT