Honorable George H. Sheppard Opinion No. O-6043 

Comptroller of Public Accounts 

Austin, Texas Rc: Can salary appropriations for 

various Medical School branches 

as, shown under 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, 

a total appropriation for the Medical Branch of the 

University, a sum of $510,810.00. 

Fkfter Item 165 a total amount for salaries for 

th,e college 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, may pay smaller 

salaries than those itemized herein, and may make such 

changes and substitutions within the totals for salaries 

as may be 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 

The next 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. 

See Acts of 1943, 48th Legislature, bottom of 

Your attention is directed to the following language 

contained therein: 

II 

. . . and mav make such chanaes and substltutions within the iotals for salaries as may be 

found necessary,” (Emphasis ours) 

The underscored words in the preceding paragraph are 

clear and explicit, and control our answer to the question submitted. They clearly show that 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 may make changes 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 made at 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. 

We direct your attention to item I75 for $685’,780.00 

for “Maintenance, Equipment and Support” of the State Hospital 

for Crippled and Deformed Children. Also, Item 201 is for 

$98,400.00 for “General Hospital Personnel and Maintenance” for 

John Sealy Hospital. These items must be deducted from the 

totals for said units in which 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 and transfers may be 

made. 

Very truly yours, 

APPROVED: .JmJ 12, 1944 

ATTORNEY GENERAL OF TEXAS 

/s/ G. P. Blackburn 

(Acting) Attorney General of 

Texas 

By: /s/ L. H. Flewellen 

Assistant 

LHF:rt 

Approved by Opinion Committee 

By BWB, Chairman