September 18, 19.52 

Hon. J. W. Edgar 

Commissioner of Education 

Texas Education Agency 

Austin, Texas Opinion No. V-1523 

Re: 

Dear Sir: 

Authority of State Board 

of Education to determine 

salary of area supervisors 

for vocational education 

and counselors for vocational rehabilitation under 

minimum salary schedule set 

out in Article 2922-14, V. 

C.S., which exceeds maximum 

salary llnrltatlons provided 

in the general appropriation act. 

We refer to your request for an opinion of 

this office regarding the application of the salary 

schedule shown in Article III.of House Bill 426, Acts 

52nd Leg., R.S. 1951, ch. 499, pm 1316, the biennial 

appropriation to the,Texas Central Education Agency. 

Your inquiry reads In substance as follows: 

Group X of the salary schedule provides: 

'Group X: None to exceed $5,280 per year. 

"Description and duties: Under general 

supervision of a Section Chief or State 

Supervisor develops and supervises special 

programs in specific areas of the State, or 

supervises special programs on a state-wide 

basis, or directs the activities of a group 

of personnel in a specialized'area,~ or 

counsela in a specialized field." 

The positions In the Agency of area 

supervisor for Vocational Education and 

counselor for Vocational Rehabilitation 
Hon. J. W. Edgar, page 2 (V-1523) 

are classified within this group by the 

Agency. As a prerequisite to their employment by the Agency, personnel In these positions are required to have a legal teaching 

certificate and to meet special certificate 

requirements of a vocational teacher or 

counselor in the public schools. Area supervisors of Vocational Educatfon actually perform direct supervision of classroom instruction in local public schools in assigned 

areas. Counselors in the Vocational Rehabilitation Division of the Agency counsel with 

adults who are participating in the ,Rehabilltation Program. 

Article IV of Senate Bill 116, Acts 51st 

Leg., R.S. 1949, ch. 334, p; 625 (Art. 2922- 

14, V.C.S.) sets forth a minimum salary schedule, All public free school districts in 

this State are required thereunder to pay 

each teacher not less than then minimum salary 

specified therein, Thus, a vocational teacher, 

with a Master's Degree and 26 'years of teaching experience, employed on a 12 months' basis 

receives a minimum salary of $5,376, S,ubdiv. 

le, Sec. 1, Art. 2922-14, supra. 

Several of the area supervisors and 

counselors presently employed by the Agency 

hold Masters5 Degrees and have 26 years of 

teaching experience. They are employed on a 

12 months' basis. But under Group X of the 

appropriation bill quoted, they receive an 

annual salary of $5,280. 

Question: Has the State Board of Education authority to pay area supervisors and 

counselors employed by the agency salaries 

which conform to the minimum salary schedule 

for teachers set out in Article 2922-14, V. 

C.S., when the minimum salary so determined 

would exceed the salary fixed in Group X of 

House Bill 426, supra, the appropriation to 

the Texas Central Education Agency? 

Section 1 of Article 2922-14, Vernon's Civil 

Statutes, provides a minimum salary schedule which is 

expressly applicable to teachers employed by the boards 

of trustees of the school districts of thfs State, 
Hon. J. W. 

Att'y Gen. 

Increments . . 

Edgar, page 3 (V-1523) 

op. v-921 (1949). It provides for salary 

based on length of college training and 

teacning experience.~ 

The "groups' or personnel classSficatlon ,provisions in thecurrent appropriation to the Central Education Agency (Art. III of H. B. 426, supra) provide the 

maximum salaries thatmay be paid personnel classified 

and employed by the, Agency. Att'y Gen. Op. V-1324 (19.51). 

It makes no provision for increments for length of college training or teaching experience. Discretion rests 

in the Agency to authorize any salary for any of Its 

employeeswhich does not exceed the maximum amount fixed 

In the "group" in which the employee Is classified. 

While the minimum salaries of teachers employed 

by school districts are governed by general law, there 

Is no general law fixing the maximum or minimum s,alarles 

of employees of the Texas Central Education Agency. Thus, 

provisions in the current appropriation bill governing 

the maximum salaries for classified positions that may 

be expended out of the appropriation made to the Agency 

in Section 2 of House Bill 426, supra, are not in conflict 

with general laws. 

Accordingly, it is the opinion of this office 

that the State Board of Education is without authority to 

pay area supervisors and counselors employed and classified by the Texas Central Education Agency under Group 

X of,Article III of House Bill 426, Acts 52nd Leg., R.S. 

1951, ch. 499, p9 1316, a salary which~ exceeds'the maxlmum amount fixed in that personnel classification. 

SUMMARY 

The maximum salary that may be paid area 

supervisors and counselors employed and classified by the Texas Central Education Agency 

under Group X of Article III of House Bill 

426, Acts 52nd Leg., 

is fixed in "Group,X" 

1951, ch. 499, P. 1316, 

of that ,appropriation 

bill, and no amount greater than that speclfied therein may be paid. 
Hon. J. W. Edgar, page 4 (V-1523) 

Yours very truly, 

APPRCVED: 

J. C., Davis, Jr. 

county Affairs DlvlSiOn 

PRICE DANIEL 

Attorney General 

E. J&zobson 

Revievling Assistant 

Charles D. Mathews 

First Assistant 

Assistant 

CEO:am