### R-877

T

1947

Hon. Ball B. Logan, Chairman State Board of Control Austin, Texas opinion No. v-451
Re: Authority of StateY,;,,u, Board of Control to grant leaves for Course of Study to doctors and nurses of eleemosgnary institutionswithout loss of salary.
Dear Sir:
We refer toyour opinion request of recent date which reads, in substance,as follows:
1947, S. B. No. 

### 374, 50th Leg., R. 5. Acts Section 

### 3, under designation,Splaries and other General Provisions, Subsection (d), the secondparagraphprovides:
"Leaves for Course of Study. To enable our doctors and nurses to keep abreast of new developments in their fields of study and to make themselvesmore valuable to the state and the patients of the institutions,and inasmuch as their positions acreof a twelve-monthduration not allowing them time off as in the educationa.1field for such study, the Board of Controlmay allow doctors and registered nurses a reasonable time without loss of salary to attend recognized schools and clinics conducted and associations." by approved schools

Are there any statuteswhich would prevent our taking advantage of thisprovision? Section 

### 3, Salaries and otherGeneral Provl-Hon. Hall II.Logan, page 2 

### (V-451)

sions, pe,rt ": of said 5. B. 

### 374,Subsection (b),provides in

II

. . No salary shallbe paid to any person'unless suchperson actually discharges assigned duties.

. .' When the Appropriation Bill makes a general provision with respect to the payment of salaries of employees in eleemosynary institutions,as it does In Subsection (b) of Section 

### 3 of 9. B. 

### 374,and the Act also makes 8 specialprovision concerning the payment of salaries of certaindesignated em loyees of said institution,as it does in Subsection 7d)of Section 

### 3 of S. B. 

### 374,the former yields and the latter prevails, the specificprovisionbeing regarded as though it were an exception. The specificprovisionmore clearly evidences the intention of the Legislature than the general one and, therefore, it will control.

This rule of construction controlswith respect to general laws, and is equally applicable to provisions within an appropriationbill which do not conflict with general statutes.

Senate Bill 

### 374 appropriatesmoney to carry on the Statess business in its eleemosynaryinstitutions. The object and expressedpurpose of Subsection (d) of Section 

### 3 of S. B. 

### 374 is to provide for the proper and up-to-date care of the inmatepatients In said institutions (avowedlyState business)by permitting the doctors and nurses thereofwithout loss of salary and at the Boardus discretion to study and acquaint themselves concerning the latest approvedmethods and practices in their respective fields for the purpose of applying same to the benefit of the said State wards. Obviously, the primary purpose of Subsection (d) is not to bestow grants or educationalbenefits to certain individualdoctors and nurses but rather to enable and encourage the improvement of medical practiceswithin the said State institutions. It is contemplated,of course, that the employeddoctors and nurses will accomplish their assigned duties and for the salariesprovided in S. B. 374. So construed, Sub-, division (d)does not contraveneany of the prOVisiOnS of Article III, Sections 40, 50 and 

### 51 of the Texas Constitution.

We have been unable to find any general law, nor have we been apprised of such,with which said Sub-Hon. Hall H. Logan, page 

### 3 (V-451)

section (6) of Section 

### 3 of theAgproprl8tionBill msy be in conflict. There be,ing no general statute controlling on the subject,,itIs our opinion that there is nothing which leg8,lly would prevent the State Board ofControl taking advantage of saidprovision 8nd exercising its lswful discretion thereunder.

Subsection (d) of Sec. 

### 3, S. B 

### 374, 50th Leg., R. S. Acts 1947, euthorizing 8 leave for Course of Study to doctors and nurses of eleemosynary institutions to attend a Course of Study for a reasonable time without loss of salary,being a specific provision and not conflictingwith any general law on the subject,prevails over Subsection (b), Sec. 

### 3, of saidAppropriation Bill, and the State Bo8rd of.Controlmay thereunder exercise Its lawful discretion.
Yours very truly ATTORNEY GENERAL OF TEXAS

CEO:djm:mw Chester E. Ollison Assistant

APPROVED: