Untitled Texas Attorney General Opinion ( 1951 )

July 20, 1951 Hon. Spurgeon E. Bell Vice-Chairman Texas Southern University Houston, Texas Opinion 100. V-1210 Re: Authority of the Board of Directors of Texas Southern University to place a Dean on ninety-day leave of ab- sence with pay while serv- ing as a Consultant in a Personnel and Research Seml- nar in India sponsored by the World Student Service Dear Sir: Fund and UWESCO. You have requested the opinion of this office concerning the authority of the Board of Directors of Texas Southern University to grant a Dean a ninety-day leave of absence with full salary in order that she may participate In a seminar to be held In India, sponsored by the World Student Service Fund and UXESCO. The salaries, vacations, travel expenses, and general working conditions of employees of State lnstltu- tions of higher education are governed by the ptiovzslons of House Bill 319, Acts 51st Leg.; R.S. 1949, ch. 584 fi. 1133, the biennial appropriation bill. A careful study of this Act does not disclose any provlslon authorizing a leave of absence with full salary to an institutional officer or employee attending a seminar of this character. If the employee Is not performing duties which are properly assigned to her in furtherance of a lawful functlon of the Institution, It follows that she may draw no salary during her absence. As was stated in Attorney General's Opinion O-5803 (1944): "The liablllty of the State for payment of compensation to an employee la predicated upon the conception of mutual agreement of the parties--the State and the employee--for serv- ice to be performed by the employee and pagrent Hon. Spurgeon E. Bell - Page 2 (V-1210) therefor to be made by the State. There can be no liability on the part of the State un- less there has been performed the contemplated servlae by the employee. Compensation is an incident to the service and dependent upon it.” These activities, however meritorious they may be, do not constitute institutional business in our opinion, since we know of no statutory duty or funatlon of Texas South- ern University which is to be furthered or discharge@ by participation in this seminar. The appropriation act in subsection (9) of its general provisions allows institutional employees a paid vacation of twelve working days if they are employed on a twelve months’ basis. The Dean may therefore be paid only for a period not to exceed her accumulated vacation credit. We do not find in the general law or In the higher education appropriation any provision which, el- ther expressly or by reasonable implication, would au- thorize the allowance of a three months’ paid leave of absence to an lnstitutlonal employee for the purposes con- templated in the instant situation. SUMMARY The Board of Directors of Texas Southern University has. no authority to-‘grant a Dean a ninety-day leave of absence with pay for the purpose of allowing the Dean to serve as a consultant In a personnel and research semi- nar, sponsored by the World Student Service Fund and UNESCO,in India. APPROVED: Yours very truly, David B. Irons PRICE DAIUEL Administrative Division Attorney General Jesse P. Luton, Jr. Reviewing Asslatant Charles D. Mathews Calvin B. Qarwood, Jr. First As,slstant Asaistant CBQ:em