Ecnorable J. 1%:. Edgar opinion KO. w-1206 Commissioner of Education Texas Education Agency Re: Construction of SubdiAustin, Texas vision 6b of Section I. of Article 2922-14 as amended in reference to the salary of a part-time principal in two-yearhigh school Dear Dr. Edgar: districts.

We are in receipt of your request for opinion on the above captioned question.

Prior to amendment Subdivision 6b of Section 1 of Article 2922-14 of Vernon's Civil Statutesprovided in part as follows:

"b. Principals in Districts Having a Two-Year AccreditedHigh School "Du'c

No Pour-Year Accredited High School.
"In such a districthaving nineteen (19)or fewer classroom teachers the designated classroom teacher who serves as part-timeprincipal shall be paid an additionalmonthly salary allowance of Pifty Dcilars ($50)per month, and'the annual salary of such part-time principal shali be the monthlybase salaryplus increments multiplied& twelve (12). The 57th Legislatureby Senate Bill No. 1 amended Section 1 of Article 2922-14 "to readhereinafter as foilovis:"As so amended Subdivision 6b of Section 1 of Article 2922-14r~owreads as follows:

"b. The classroom ,teacher who serves as part-time principal on a camGus to which are assigned seven (7)or more classroom teacher unitsHonorable J. W. Edgar, page 2 (~~-1206)

shall receive an additional salary allowance equal to fifteen (15%) per cent of his salary. The annual salary of a part-timeprincipal shallbe the monthly base salary, plus incrementsmulti lied& nine and one-halfm*asiszed)
Your request informsus that the Nash Independent School District is operating a two-yearhigh school district, and has more than seven (7) classroom teachers on its campus. The District's contentionmay be quoted fromyour letter in part as follows:

the phrase 'multipliedby nine and one-half (94)'appearing In Article 2922-14 as amended, as applying to allocations for part-time principals of accredited two-yearhigh school situations for the reason that the prior law specificallyprovided for twelve monthpart-time principals and the amendatory law did not clearly repeal the special treatment, $hus creating ambiguity in the law. The Court in International& G. N. Rv. Co. v. Bland, 181 S.W.2d 504, 506 (Civ.App.1915) states:

"It is a well-knownrule of construction that when the Legislature amends an article of the Revised Statutesby referring to it by number, and, as in this instance, declaring that it: 'shallherelnafter read as follows:', the article as amended is intendedby the Legislature to take the place in the Revised Statutes formerly occupied by the supersededarticle. In fact, the language quoted admits of no other construction.

. . .' It therefore follows that the salary of the part-time principal shall be the monthly base salary, plus incrementsmultipliedby nine and one-half (93), as provided in said amendment.Honorable J.W. Edgar, page 3 (~~-1206)

SUMMARY Under the terms of Senate Bill No. 1, Acts 57th Leg., 2d C.S., 1961, Subdivision 6b of Section 1 of Article 2922-14has been amended, and the annual salary of a parttime principal shall be the monthly base salary,plus incrementsmultiplied by nine and one-half (9&),as provided in said amendment.

Yours very truly,,
WILL WILSON Attorney General of Texas

FDW:lgh Assistant
APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Charles R. Llnd Joseph Trimble Pat Bailey Elmer McVey
REVIEWED FCR THE ATTORNEYGENERAL BY: Houghton Brownlee, Jr.