Untitled Texas Attorney General Opinion ( 1947 )


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  •                                                      R -877
    T
    1947
    Hon. Ball B. Logan, Chairman
    State Board of Control
    Austin, Texas                opinion No. v-451
    Re:   Authority of State Y,;,,u,
    Board of Control to
    grant leaves for
    Course of Study to
    doctors and nurses
    of eleemosgnary in-
    stitutions without
    loss of salary.
    Dear Sir:
    We refer to your opinion request of recent
    date which reads, in substance, as follows:
    S. B. No. 374, 50th Leg., R. 5. Acts
    1947, Section 3, under designation, Spla-
    ries and other General Provisions, Subsec-
    tion (d), the second paragraph provides:
    "Leaves for Course of Study. To en-
    able our doctors and nurses to keep a-
    breast of new developments in their fields
    of study and to make themselves more valu-
    able to the state and the patients of the
    institutions, and inasmuch as their posi-
    tions acreof a twelve-month duration not
    allowing them time off as in the education-
    a.1field for such study, the Board of Con-
    trol may allow doctors and registered
    nurses a reasonable time without loss of
    salary to attend recognized schools and
    clinics conducted by approved schools
    and associations."
    Are there any statutes which would
    prevent our taking advantage of this pro-
    vision?
    Section 3, Salaries and other General Provl-
    Hon. Hall II.Logan, page 2   (V-451)
    sions, of said 5. B. 374, Subsection (b), provides in
    pe,rt
    ":
    II
    . No salary shall be paid to any
    .
    person'unless such person actually discharg-
    es assigned duties. . .'
    When the Appropriation Bill makes a general
    provision with respect to the payment of salaries of
    employees in eleemosynary institutions, as it does In
    Subsection (b) of Section 3 of 9. B. 374, and the Act
    also makes 8 special provision concerning the payment
    of salaries of certain designated em loyees of said in-
    stitution, as it does in Subsection 7d)of Section 3 of
    S. B. 374, the former yields and the latter prevails,
    the specific provision being regarded as though it were
    an exception. The specific provision more clearly evi-
    dences the intention of the Legislature than the gener-
    al one and, therefore, it will control.
    This rule of construction controls with re-
    spect to general laws, and is equally applicable to pro-
    visions within an appropriation bill which do not con-
    flict with general statutes.
    Senate Bill 374 appropriates money to carry
    on the Statess business in its eleemosynary institu-
    tions. The object and expressed purpose of Subsection
    (d) of Section 3 of S. B. 374 is to provide for the pro-
    per and up-to-date care of the inmate patients In said
    institutions (avowedly State business) by permitting the
    doctors and nurses thereof without loss of salary and at
    the Boardus discretion to study and acquaint themselves
    concerning the latest approved methods and practices in
    their respective fields for the purpose of applying same
    to the benefit of the said State wards. Obviously, the
    primary purpose of Subsection (d) is not to bestow grants
    or educational benefits to certain individual doctors and
    nurses but rather to enable and encourage the improvement
    of medical practices within the said State institutions.
    It is contemplated, of course, that the employed doctors
    and nurses will accomplish their assigned duties and for
    the salaries provided in S. B. 374. So construed, Sub-,
    division (d) does not contravene any of the prOVisiOnS
    of Article III, Sections 40, 50 and 51 of the Texas Con-
    stitution.
    We have been unable to find any general law,
    nor have we been apprised of such, with which said Sub-
    Hon. Hall H. Logan, page 3   (V-451)
    section (6) of Section 3 of the Agproprl8tion Bill msy
    be in conflict. There be,ingno general statute con-
    trolling on the subject, ,it Is our opinion that there
    is nothing which leg8,llywould prevent the State Board
    ofControl taking advantage of said provision 8nd exer-
    cising its lswful discretion thereunder.
    Subsection (d) of Sec. 3, S. B 374,
    50th Leg., R. S. Acts 1947, euthorizing 8
    leave for Course of Study to doctors and
    nurses of eleemosynary institutions to at-
    tend a Course of Study for a reasonable time
    without loss of salary, being a specific
    provision and not conflicting with any gen-
    eral law on the subject, prevails over Sub-
    section (b), Sec. 3, of said Appropriation
    Bill, and the State Bo8rd of.Control may
    thereunder exercise Its lawful discretion.
    Yours very truly
    ATTORNEY GENERAL OF TEXAS
    Chester E. Ollison
    CEO:djm:mw                    Assistant
    APPROVED:
    

Document Info

Docket Number: V-451

Judges: Price Daniel

Filed Date: 7/2/1947

Precedential Status: Precedential

Modified Date: 2/18/2017