I P j i-T 

OFFICE OF THE ATl-ORNEY GENERAL OF ‘FlxAg , 

AUSTIN 

Ifonorable ,F. C. Dolton, Actln6 President 

A&cwaltural dc %e&mleal iW.le~e 

college Btatlcn, Taxas 

pear Dr. Solton: 

ccntracts at 

ited Strtqa borgwskt. As 

64~ t+hWresponaibilltles and 

the indlvldwla eonoerned,~ 

u%.t, 

ould also be increased. we 

for your eonaSdemtl.on, the 

follorlng quertfont 

"Stan 255 of Semte .Bil.l SN, 45th Le&il&ure, 

covera the position of Phfea8or @n&Head of Deps.Ttment of z2.actriceS 33XgloRer~, eSLd oaPriae a 

aal.arg of 4,000 for n$ne aaenths. The Snaividual - 

who fills s2 his position has been given the addiMona1 responsibility of Dire&or of the naval 

tralnlng progrrrm. Approx$mately fifty per cant 

155 
156 

of his time Is devoted to his dutlee as 

Director of the Neval Training S&o01 and 

the other fIf.ty par oent 14 divided between 

the Amay Speaiallced Training Progrem and 

hia dutier a4 ProSeeror end Head OS Deputment of Eleotrioal 8ngIneerIng. The rf~lary 

would be alleaated between -de iran the 

Government and State~opproprlatlone In l - 

oordanoe with the time devoted to eaoh. 

"mder the genera prorirfoaa or the 

Siret paregmphoi Subseotlon.8, OS the approprIatlon8 bill $0~ the ouvrent blenuiwn, 

la the raly of tU4 employee limited to 4 

total of $4,400 for nine months, or may the 

Board of Direotore pay 0 highel ealary, paytng the eupplement Srozn fedenl Sunds, tom 

&ve reaognitlon to the sddltlonal duties 

and reeponsib~lities which hrve been placed 

upon the individual. aa 4 reeu& of the~'waP 

training prog?e 

In response to requert by teLephon4, you advised 

tfut the ~war training prog~em aontmota aah the Uolle&e 

bar with the Onited Stat44 Government, ~ont&plate end provide for the flrroia by the CoUe$p of epocitied inatruotlon OP ~89 of the various brenohee of the, timed services 

covered by the oontracte. For thi.4. eemioe, the Inetitutioa 

is paid by the Wted~Statea a mm bawd-upon the Rrmber of 

men tivolved, an6 upon'aort experJ.eneo OS the institution In 

the inetruotlon of regulax studenta. 

Beeidee the 2L3rd itear of appropriatkm for $he Agrioultural 6, M44hanieal Collas6 aontrinti In Benate BIU. 333, 

Chapter 999, Aota Forty-eighth &egIeleture, proVid.ing for payment of a nine-montha sPlary ot~~,Qoo.oo fol? the poe1t10n of 

Profeaeor and Head .of Departments of Eleotrioal Rnginaering, 

the following pmviaione of 'the A& govern the question submitted: 
157 

"Se0ti01l 1. (a) That all balonoes in the 

Instltutional funds of the several S,tato Instltutions nemrd in this Aot, at the 01054 OS the 

fIeaal.year ending August Sl, 1945, includI% 

b8l4no45 In kl34i.r revolving fund4 at that time, 

and the entiti iaoome to ,sald funda during each 

of the two fleoal years ending August 31, 1944, 

and August $1. 1846, uhioh are,not otherwire appropriated for either or both of said tiacal 

year4 are hereby appropriated for the support, 

m4inlm35n44~ operation, and Wprovement of said 

State Instltutlosae dur 9 454h of the said ri5- 

oal years. r4rp4etIv4ly. 

'OEh'EBAL PWVISIONS. The expenditure. of the 

appropriation8 heroin zaad.e and l uthorlsed whether 

fr0m the State Oeneral Revenue P, loaal Iuetitutional fwds or w other xwoeipts and funds 

whatsoever, except bequest5 and gifts, shall be 

subjeot to the folloving prtwI5ldnaa 

"Sub54otion (2). sa1arj ProQl.5son5. Ro 55l5q 

appropriated herein ssPl3 be supplaeanted out OS 

student fee iun&a, domitory -13, or looal funds, 

except out of the Pure Feed Fund at the Agrloulturn1 and YeOhUlioal Coll464 Or out of funds r4- 

oeived from the hrited States Government or Its 

agenuies, tieas 60 ordered by the governirg board 

of the Institution to which such salary or aalories 

apply, at a regular meeting with at least a majority 

of tho membere of such board present, and.auch order 

rhall~be entered In the minutes of the proceedings 

of arid board and shall set forth fully the reasom 

.thereior. Ha full tlm inatruetional ralarg as 

Item&ad herein shall be adjustsd to exoeed an 

amount above the maximum hill prot?eeaor~s salary 

as herein Itemised to be appropriated from the 

O4n4ralRe~4nu4 Bund of the State for t!m partlow 

lar Institution to whioh said salary or salarias 
158 

HOnorable F. C. Bolton, page #4 

apply, unle~r the amxImum mlarj I8 bei= recelvea In whloh ca8e such adjustmat may be 

made not to exceed ten (10) per oent above 8uoh 

mxbujn salary BC reoelvod. It I8 further provided tkmt w.qapn8atlon for oorr4rponden44 and/or 

l xtonalon teaqhing M provided hereIn and OOLp6II8atiOIt flY68 beQUestS and g.ift8, Ud3e8 80 

l-ted by the donor, 8h4ll b 6 l xoluded from the 

84w lkUitatioll8 Of t-8 p4l’4@‘4&Ih. TM X’4t8 

OS the 84klq paid QZI eqpfOjn4 Of 4~3 inetitution 

newed hereInfor 8ertrIoer during a mzammr ee88ion 

8h4u not excoed th6 8alWy lWte paId the OIUplOy30 

Soti the 84lU4 Or 8inlbr liWViOO8 during the loa 

84s8lon of that inetitutlon. 

*ml1 tisis emplgeer on twelve (lS)'xuonShe 

b&818 ma r404iV4 not BIOFO thur WO Ht3tdF.d 8nd 

(#~6O.OD) DollaPa ,far oorreapondkee oourbe 

extonhan~ center tiwching, md may not be 

ppid additional mon4j for 8-r 84hoO1 teaching, 

8Ild irJT tfiu eiSI91~7488 CR) 4 Xl&M (9) lECUlthS b88iS 

aar be paid for oo~oepondenao and/ok extenslqm 

center teeoll%q oz 8ullllmF 8-1 or other 8emIoea 

during the lwmalxlln~ three (8) months of the f$8- 

oal ysar, but may not r4oeiv4 more than Tw4 IiMdred 

cad Fifty ($250.00) Dollar8 per annum for oorrospoaden44 oourse teaohiog during ths tiecal Soar 

and/or erten8lon oenter oork durlae, the re$Qnr 

nine (9) month8 8eririon* 

%'hen any yddltional 4aqby408 other than those 

employed to fill the posItIon ltamisad her&in am 

employed, and 42-4 to be pnid out of said apy?qxiation8 or any other funds, suoh emylorees &all not 

be paid larger amour&e than those provided herain 

for SiIIIihr pC8itiOII6 iu su4h in8titUtfoUa or agcnOi48 and in the svsnt there are no ekailar poeftioti8 

within such inatitutfone th4n 8uOh additional 401- 

plo~oes shall not be paid l.+rger amounts than those 

provided for 6lmlla.r posftionlr in other State inat%-- 

tutlons~ deparQaent4 or Pgenoiee~,n 

a” 
Donorable F. C. Bolton, page #6 

"Subsection 11. Uihlaletlo or 2xtramaral ::apnrtla3nt. The general provisions made in izla 

XCt Sfill ?.lOt &l,?ply t0 Sthl3tiO Or 3XtFhW.UI.31 

departments, and as to these exoept~ii 

~0vernIng board shall mske .suah nOO848aZ7 rulc3 

and adju8tment3 a4 may be deemrrd advisable." 

(xtaliOf3 OIS’B. ) 

Frown exsmInation of the itemisod appropriations for 

pOSitIon8 at A. E: H. college, it I8 obvlow that the PppropriatiVI3 Of &4,000 t0 06Ver nine IUOntha salary for the pOSItion wProf43sor and Uead of Departm4nte of Elsotrloal mlnearlqg I8 a ‘full thm Z.ntxtructIonal ssdmyw within tho 

intention of Eubseotion 2 of the General Provisiona, supra..' 

The 8alCtq of a person ocoupying that poaltion, nnii receivIng the full sum appropriated therefor, may not be adjusted 

80 as eta eroeed ten (l.0) per oent above 8uoh rnaxbnum salary 

80 recqlved”, exdluslv4, however, of (a) oompenscrtlon vhioh , 

I8 not In em488 of $250 "for corrsspond4noe oour3e teaching 

during the fiaoal year and/or extension center,work during 

the pegala nine (9) months ses8Ion;" (b) of compensat;ion reoeivod f+ttt b4qu86t8 Wd &Sts, "Wll48s SO liUtit4@ by the 

dvnvr;w and (0) excluaIv0 of suppleamntatlon from furxia 0P 

athletio and extrsanural departanents, for 3ervioes >erPormed 

In oonneotlon with thooeaotivitles (our ;r&&ion Xc. C-126). 

The funds raceivod from the United states Ozvernment 

under the war-training contract3 referred to clearly nre not 

bcqueats or gffts, hilt ars paid to the State a3 com?3nsatioa 

for services rendered by, the College. Supplwnentation of 

ealariee from such rocefpts, therefore, oennot be retied as 

within the gift or bequest exception to the limitations upon 

selary adjustment in SubsectIon 2. Nor do we believe that the 

funds are theae of ~extremural clepartemints," wIthIn the meaninix of Subsection 11 OP th& General Provieiona. The function8 

performed by the institution under the contract8 are those of 

educational tmdniaa~ and instruction, whereas the itemised 

appropriations for the n&xtrsmura3 Divisions" contained In the 

bill are to cover tkc co& of non-tsaohiw functiona; e.g., 

research and experImentaticn, field and erteneian 3ervioe4, 

forest servioe, etc. In view of that fact, and that the Legislature made speolfio, it4znIsed appropriations for all of the 
Honorable It. 6; Bolton, page #6 

services reaognlaed as extramural departments, unless the 

war-training programs be so considered, we are of the opinion 

that the Lapd.ature did not intend that the tens Wextramural 

department8 embraoe tile war-training progrcmu, May of whioh 

were In operation durlw the leglslatloe session and of *Ioh 

the members doubtless were aognlrant. Use of the fund8 received from the United States Qoverment under the above mentioned war-training contracts with your institution, 1s theretore subjeat, In our oplnlon, to the limitations of the General 

Provisions of Chapter 399, eupra; and in oonsequezlce, we are 

furthm of the opinion that the ulary of a person occupying 

the position OS Professor and Head of Depnrtzaent ot glectrloal 

Engineering may not be adjusted out of such funds ao es to inorease the mount payable to a sum in excess of ten per oent 

dune the xaaduum salary 80 ltsmilced. 

This opinion does not have reference to eotablishment 

OS positions other than those provided for by I-tem&sed appropriation In Chapter 399, supra? the limitations presorlbed upon 

ralarle8 of positlone not ltemlsed are contained In the fourth 

paragraph of SubaeotLoa S, aupra, end are discussed in oux 

Opinion Ho. O-5440, oopp of thieh Is enclosed.