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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