Honorable George H. Sheppard Opinion No. O-6043

Comptroller of Public Accounts Austin, Texas Rc: Cansalary appropriations for various Medical School branches as,shownunder separate totals, be considered as one total appriation for salaries for the purpose of salary changes and Dear Sir: substitutions?

Your communication, dated May 19, 

### 1944, addressed to this department, reads as follows,

“3 page 832, Acts of the Regular Session of the &th Legislature you will find after item 5157, atotal appropriation for the Medical Branch of the University, a sumof $510,810.00. Fkfter Item 

### 165a total amount for salaries for th,ecollege of Nursing, $28,750.00. There follows itemized appropriations for salaries for the Hotpital for Crippled and Deformed Children and John Scaly Hospital. s%fter Item #201, you will find a grand total appropriation for the Medical Branch of $994,540.00.

“Subsection (2) of the General Rider of the Education Appropriation Bill’, reads’in part as follows:

“The board of regents or directors within their dfscietion and~with good reason, maypay smaller salaries than those itemized herein, andmaymake such changes and substitutions within the totals for salaries as maybe found~necessary, and are authorized to transfer items or parts of items.

“Under the provisions of this Rider, can the salary appropriations 

### for the various branches, for the medfcal school, as shown under separ,ate totals, be considered as one total appropriation for salaries for the purpose of making salary changes and substitutions?”Honorable George H. Sheppard, page 2 Opinion No. O-6043

Thenext to the last paragraph in your communication, above quoted, is the exact language used in the third paragraph of Subsection (2) of the General Rider to the Education Appropriation Bill. page 878. SeeActs 

### of 1943, 48th Legislature, bottom of

Your attention is directed to the following language contained therein:

II

. . . andmavmake such chanaes and substltutions within the iotals for salaries as maybe found necessary,” (Emphasis ours) The underscored words in the preceding paragraph are clear and explicit, andcontrol our answer to the question submitted. They clearly showthat such changes and substitutions must be “within the totals for salaries,” as shown under separate totals. Such totals are not to be considered as one total appropriation for the purpose of making salary changes and substitutions. For example, the regents maymakechanges and substltutions and transfer items or parts of items within the total for salaries appropriated for the School of Medicine; but such changes substitutions and transfers cannot’be madeat the expense of the School of Medicine and for the benefit of the College of flursing or of John Sealy Hospital or of any other unit of the Medical Branch, and,vice versa.

Your question is, therefore, answered in the negative. Wedirect your attention to item I75 for $685’,780.00 for “Maintenance, Equipment and Support” of the State Hospital for Crippled andDeformed Children. Also, Item 201 is for $98,400.00 for “General Hospital Personnel andMaintenance” for John Sealy Hospital. These items must be deducted from the totals for said units inwhich they are included, in order to detennlnc the itemized salary total for each of said unites. It is within the itemized salary total for each unit of th,e Medical Branch that changes, substltutlons andtransfers maybe made. Very truly yours, APPROVED: 

### .JmJ12, 1944 ATTORNEY GENERAL

OFTEXAS /s/ G. P. Blackburn (Acting) Attorney General of Texas By: /s/ L. H. Flewellen Assistant LHF:rt Approved byOpinion Committee ByBWB,Chairman