Untitled Texas Attorney General Opinion ( 1945 )

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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVER SELLERS
ATTORNEY GENERAL
Kooorrble Frank D. Quinn
~xeoutire Dlraotor
Tefar State Perks Board
Auctin 11, Texan
Dear Sir:
rubmittsd to the
roller for payment.
n opinion on the above
r dated October 19
hr of Public Ao-
oard ic regard to our
ropriatfonr No. w-300
with rererenoe to 1 ts
that insofar ae a specific le islative
for a salaried osition is coriceme
\~$j$)rtion of Section’md ale.
-&&-&, the payroll in question is based on
set up by tae Legislative ,udit Co.m:ttee
for seasonal labor, not on 'any JOeitiOii provided
for in this act.’ ‘The so-called Vappropristion*
1.0. #;-5OG is not a salaried position aat u; by the
Legislature--it is merely an ‘accountw set up by
the State Comptroller’r Department, based on a
*budget* ret up by the Legirlatire Audit Committee.
;ioc. ~rullk 2. +inn, pace 2
“Furthermore, the Itams on the payroll in !.uea-
tion are for seasonal labor, and the elaployeee who
are on said payroll are employed only aa needed,
baaed on the aeaiaonal variations of thruzof
work involved by thlr department. In eubalttlng
our budget to the Legislative Audit Committee, it
was rpeolfloally underetood that raid ltene were
aesaonal In nature, and to be used as and when
needed and In the manner needed. For example, the
475 and +lOO item8 for olerloal work were underetood
to be for part time work, and It wee understood that
they oould further be broken down aa needed.
viie are or the opinion that the salaries in ques-
tion, whioh are payable out of Speolal I’ark Fund, and
approved by the Leglelatlve Audit Committee through
the ‘budget aymtem’ are not governed by the quoted
bortlon of Seotlon 1Lb of the Departmental APProPria-
iion Bill. To hold otherui8e wo-uld be holding eon-
trary to la~lrlatlve Intant,for it le obvloue tm
the Intention of the leglsfature was that such a
linltatlon on aalarlea applied only to epeoiflo
salary approprletions, and not to poselble variable
wage payments out of epaolal funds, nor to specific
salary accounts set up by Cornmitteae, Doardsor
Commisei~ona out of Special Funds.
“Therefore, we raapectfullg request an opinion
from you, dlreotlng the State Comptroller to lee.ue
warrants on aald payrol1.v
The copy of letter to you from the Comptroller accofipanying
your request and rererred to therein reads ae follows:
Tour payroll drawn against Appropriation Lo.
d-500 in the anount of .937.50 has been presented
to me for gayBent.
“General Zider, l!+b of tile De art.ilt;ntal -4p?ro$ri-
atiori 9111 provides in part: ‘i-0 g hin& Lere in ah611
prevent any departnert heed frol;l paying less thai ttit:
zaxiinua anount set forth herein for any ealaried
position. * Section l&a provide8 in part: *The head
of any department of State Government or any Joard
or Commission of 5tate Government may use part time
employees to fill any poslticn provided for in tilia
ion. Zrorih 3. .&an, PaCe 3
sot at a aalary not to sroeed more than one-half
the amount eppropriated for such position.@
*Please advise as to why the rate of pay of
the pert time employees llated in thla payroll,
whose rate Of oompenaatlon exoeeda more than one-
half Of the amuht ret 88ide for that position, la
not in rlolation of Seotlon ll+S, quoted above,
After reoelrlng said request, we asked you for additional
lnforaatlon relative to tb faota and, in reply to our recueat,
you submitted to us the hollowing:
"PAYROLLSAURY APPROPRIATIONS FOR
STAlki PARK3 BOUD
SP;;cL\L PA!! FU'KD64
&PA3I%KKT 801
FISCAL Yr;AR HDINQ AUWJST31, 1946
niGFd&iKhS: 3. B. 317 - R.S. 49th Leglr. and Legla-
latlve Audit Commlttae
0 6 months Budget Approved Auguat 27,194s
"APPR. ITLK La.
NO. & TITIL AZUUNT liAT&
i:-500 (PnYiWLL %LMI& .~GUL& BASIS)
ConaultFng Arohiteot 600.00 100.00
i Beoeptlonlat - Part The 450.00
Heoeptlonlst - Part Tlae 450.00 ;:*oo:
: Stenographer 125:OO
File Clerk E:: 100.00
6' 3raftamn 600:oo 100.00
Typist and File Clerk 600.00 lOO.GO
ii ',ieet Texas tiepreaentative 1,200.00 200.00
9 Painter 750.00 125.C~O
ICTd ;;.i&&L; 6,ooc;.oo l,oOO.oO"
l'he above payroll salary appropriation was a>prJved by
tile Legislative auditing Cormdttee.
Hon. Frank D. &inn, page 4
A copy or tile payroll in $ueation, Iteas 3 and 7 of
which are in dispute, said payroll being as followe:
"TiXAS STAT& PAiXS 3OARD
PAYROLL&TAIL
Vupplementrry Monthly Payroll r;ndlng October 31at, 1945
“Appr . Item Gross Net War.
No. No. Name and Payroll Title Amt. Tax Amt. NOB.
w-500 1 B. b. Glessoke
Coneulting Architect 100.00 -- 100.00
2 Mary Luollle O'Brien
Beoeptlonlat-Plrt'.T~. 75.00 0.70 74.30
3 w. 0. Stewart (2/3 mo.) 50.00 0.80 49.20
Fey Deglandon (l/3 no.) 25.00 4.50 20.50
Rsoaptioniat - Part Time
4 aetty Corn
Stenographer 125.00 16.50 108.50
5 Elizabeth Allen
File Clerk 100 .’00 3.20 96.80
6 ;Lary Burr
3raftsaan 100 00 19.90 80.10
7 L.w.lxmLer (l/4 no,) :o" 5.70
-- 69.30
25.00
3arbara Haisch (3/4 no.) 7':
Typist and File Clerk
8 Sred :.:ci;lel
:iest Texas Lepresenta- c.rnh
t1ve ~uu.00 7.20 192.Z
9 John bay (l/2 no.)
PaLiter 0;.50
937.50 66.80 870.70
Collector of Internal Revenue 66.801*
3011. 3rank 3. &i~, pabe 5
The List of Comptroller’r l;umberr containing the number
of this particular item, whioh read8 aa followe:
“i&T
OF COIZl=TROLLR’~tilJXL,R~
ASSIGNLDTO
APPROPRIATION8FOR FISCAL YL~ iND~G AUGUST31, 1946
“Dr;PAR’I%.WT:STA’E PARK BOARD No. 801
FUND : SPLCIAL i’AREl
L 1’UDD No. 64
APPHOPdIAlLD: 3.B. 317 - R.S. 49th Leg. & LGISWTIVB AUDIT
comm
6 ZNNTiIBUDGLTAPPROVZDAUGUST27, 1945
APPXO. I?,O. TITLL CjFACCOUNT A:P:30PDIA.LD AiCOUIJT
W, 500 PAYROLLSALARIXSR&GULAaBASIS 4 6,000.oo
(I* * *‘I
The appropriation for the Texas State iarks Board (VernonIs
Texae Session Law Servioe, pages 898-904) contains the following:
“Al.1 of the previous annual balanoe in the Speoial
Park Fund and all Future reoeipta deposited in the Speoial
Park Fund are hereby appropriated and re-appropriated for
each year of the biennium for maintenance and improvement
of the State Parke. Provided, however, the State Parks
Board shall not have the authority to employ any additional
help out of said reoeipte except seaeonal help. All main-
tenance items may be eupplemented with Federal Funds.
"All the above appropriation shall be subjaot to the
approval of the Jtate &Ziting Co:hmittee and none of the
funds hereir;. provided shall be epent until such approval
shall have been aad.”
AS we understand Lie situation, the salaries Ilere under
consideration xere nst provided to fill an;r position referred to
in t.le Appropriatioh Uill itself. ‘,‘ilsy are part ti:!e positiocs
created by t:le state Isxs joard for seasone help, i.:c; bud;;et
for which was set up by the L``lslative Audithi CcmAttee, er.d
em;loyeee in question are such employees as are authorized under
the above quoted provisions from the appropriation for the State
Parka doard. It 18 our opinion that the state Parks Doard would
Ha-i. Frank D. &no, paLe 6
not be authorized to employ any additional help other then
suoh aa would be eeaeonal help. Accordingly, it ie our
opinion that euoh payroll ir not in violation of Seotion 148
eet out in the Comptrollerte letter, end that ft rhould be
paid se submitted by the State Parke Board.
Your8 very truly,
BY GA&B--=
JiB : lJ 8 Jas. H, Bassett
Asalstant