Untitled Texas Attorney General Opinion ( 1957 )

THE ,!?lTORNEY GENERAL OF TEXAS AUSTIN IS. TEXAS September 27, 1957 Honorable J. W. Edgar Opinion Wo. WkI-214 Commissioner of Education Texas Education Agency Re: Whether or not the Camp- Austin, Texas troller of Public Accounts is justified in refusing to approve the salary of a professional,person hired to be an instructor In the development ofa television project on teacher education and re- Dear Dr. Edgar: cruitment in this State. You have requested the opinion of this Department onethe following question: "Whether or not the Comptroller of Public Accounts is justified in refusing to approve the salary of a professional person hired to be an in- structor In the development of a television project on teacher education and recruitment in this State." House Bill 133, 55th Legislature, Regular Session, Article III, Chapter 385, page 973 (biennial appropriation) and House Bill 140, 54th Legislature, Regular Session, Article III, Chapter 519, page 1433, state in part: 'ITheproper officer or officers of the Texas Central Education Agency are hereby auth- orized to make application for and accept any other gifts, grants or allotments from the United States Government or other sources to be used on cooperative and other projects and programs in TeXaS. Any such Federal and other funds as may be deposited in the State Treasury are hereby appropriated to the specific purposes authorized by the Federal Government and other contracting organizations, and the State Board of Education Is authorized to expend these funds in accordance Honorable J. W. Edgar, page 2 (WW-214) with the terms of the contract with the con- tracting agent." (Emphasis added), We are advised that pursuant thereto, a contract was made between the Texas Education ,Agencyand a private organization, Fund for the Advancement of Education, for the purpose of developing a television project on teacher education and recruitment in this State. Under this con- tract Texas Education Agency has contracted for services of a professional person as.instructor of the project beginning July 15, 1957,.and terminating May 31, 19%'. ,~ We are of the opinion that the limitation which is placed upon the number of employees and the maximum salary which they may receive by the salary grouping In which this special professional instructor would normally fall, is not applicable to such persons who do not fill regular positions as contemplated by the salary group in which they fall. The professional person who has been employed to conduct the television project performs work of a special nature, which is authorized by the provisions of House~Bill,l33, 55th Legis- lature, and House Bill 140, 54th Legislature, as implemented by the contract between the Agency and the private organiza- tion. See Attorney General'sOpInion WW-211.~ We conclude, therefore, that the Com$troller of Public Accounts is not justified in refusing to,approve the salary of a professional person hired to began instructor in the development of a television project on teacher educa- tion and recruitment in this State. SUMMARY The Comptroller of Public Accounts is not justified in refusing to,ap- prove the salary ofa professfonal person hired to be an instructor in the development of a television pro- Honorable J. W. Edgar, page 3. (WW-214) ject on teacher education and re- cruitment in this State. Yours very truly, WILL WILSON Attorney General of Texas B. H. Timmins, Jr. BHT:w&n:zt Assistant APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman J. C. Davis, Jr. Wayland C. Rivers, Jr. John H. Minton, Jr. Leonard Passmore FZ'VIIXWED FOR THE ATTORNEY GENERAL BY: James N. Ludlum