Untitled Texas Attorney General Opinion ( 1957 )

Hon. William S. Fly Opinion No. WW- 132 Hon. Max C. Smith Co-Chairmen of the Conference Re: Effect of appropriation of the Committee on House Bill No. 133 Foundation School Fund contained of the. 55th Legislature in the Conference Committee Report on House Bill 133 on the Dear Sirs: Foundation School Program. You have requested an opinion on the following questions: “(I) Will the provisions contained on page III-43 abolish the Foundation Program of Education? “(2) Will the provisions contained on page III-43 abolish our guaranteed State minimum salary schedule7 “(3) Assuming in all of these questions and particularly in reference to this question that House Bill 8 will contain an appropriation of an estimated sum ,of money, will the provisions contained on page III-43 of the Conference Committee Report eliminate automatic financing of public education? “(4) Are the appropriations contained in the Conference Committee Report lump sum appropriations which may then require percentage pay-offs under the Foundation School Program? “(5) Assuming that the Conference Committee Report is passed as it ,is written on page III-43 and further assuming that House Bill 8 passes with an estimated appropriatton to provide for the additional salary schedule, and is properly certified by the Comptroller and a shortage arises during the biennium in the general revenue fund, then what appropriation would suffer as a result of this shortage in funds 7 In other words, would the Foundation School Fund suffer or would it be the other agencies. and departments provided for in House Bill 133 (General Appropriatton Bill)?” Item 2 .of the appropriation contained on page III-43 ap- prbpriates the Foundation School Fund estimated to be $102,973,009 for the fiscal year ending August 31, 1958, and $108,037,465 for the fiscal year ending August 31, 1959. Such appropriation is required to be paid out of the Foundation School Fund as provided in Senate Bill Hon. William S. Fly Hon. Max C. Smith, page 2 (WW- 132) 116, Acts of the 51st Legislature, as amended, to April 1, 1957. Item 2 further contains the following language: “It Is. the intent of the 55th Legislature that the moneys appropriated above from the Foundation School Fund and the General Revenue Fund are to be used only for financing the Foundation School Program of this State as it was statutorily authorized as of April 1, 1957; and that none of such appropriated moneys shall be expended for financing h.igher salary rates for public school teachers and other personnel, or other purposes, which may be authorized subsequent to April 1, 1957.” In Attorney General’s Opinion No. WW-102 it was held that House Bill No. 8 establishes new minimum salary schedules for various public school teache,rs and administrators and prescribes the formula basis for the calculation of same. It was further held in Attorney General’s Opinion WW-102 that House Bill No. 8 directly affects the amount of allocation to be made to the Foundation School Fund pursuant I to the provisions of Senate Bill 116 as amended by House Bill NO. 8. The appropriation above quoted does not appropriate a fixed amount but appropriates an estimated amount of money to be determlned by the law as it existed April 1, 1957. This appropriation does not affect the amount of money to be allocated to the Foundation School Fund. If House Bill No. 8 Is enacted into law, it will directly affect the amount of allocation to be made to the Foundation School Fund and thereby re- duce the amount of moneys that would have been placed in the General Fund without the enactment of House Bill No. 8. In answer to your questions you are advised that: 1. The provisions contained on page III-43 do not abolish . the Foundation Program of Education. 2. The provisions on page III-43 do not abolish guaranteed minimum sa1ar.y schedule. 3. Assuming that House Bill No. 8 will contain appropria- tion of an estimated sum of money appropriating the Foundation School Fund as amended by House Bill No. 8, the provisions contained on page III-43 of the Conference Committee Report will not eliminate automatic financing of public education. 4. The appropriations contained in the Conference Committee Report on page III-43 is not a lump sum appropriatlon or a fixed sum appropriation” Rather it is an appropriation of an amount estimated to be $,102,973,009 for the fiscal year ending August 31, 1958, and estimated to be $108,037,465 for the fiscal year ending August 31. 1959. - . . ,. Hon. William S. Fly Hon. Max C. Smith, page 3 (WW-132) 5. Assuming that the Conference Committee Report is passed as it is written and assuming that House Bill NO. 8 passes with an estimated appropriation to provide for the additional salary schedule and both bills are certified by the Comptroller and subsequently a shortage arises in the General Revenue Fund, the appropriations to other agencies and departments which are financed from the General Revenue Fund will be affected by the shortage rather than the Foundation School Fund. SUMMARY The appropriation contained on page III-43 of the Conference Committee Report appropriates an estimated amount of money to be determined by the provisions of Senate Bill No. 116, Acts of the 51s’t Legislature, Regular Session, 1949, as amended, to April 1, 1957, and does not affect allocations to be made to the Foundation School Fund by any amendment to ‘Senate Bill No. 116. enacted subsequent to April 1, 1957. Yours very truly, WILL WILSON Attorney General WVG;JR:cs APPROVED: Assistant OPINION COMMITTEE H. Grady Chandler, Chairman L. P. Lollar Edwin P. Horner J. L. Smith Grundy Williams REVIEWED FOR THE ATTORNEY GENERAL BY: Geo. P. Blackburn