R -877 

T 

1947 

Hon. Ball B. Logan, Chairman 

State Board of Control 

Austin, Texas opinion No. v-451 

Re: Authority of State Y,;,,u, 

Board of Control to 

grant leaves for 

Course of Study to 

doctors and nurses 

of eleemosgnary institutions without 

loss of salary. 

Dear Sir: 

We refer to your 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 second paragraph provides: 

"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 themselves more valuable to the state and the patients of the 

institutions, and inasmuch as their positions acre of a twelve-month duration not 

allowing them time off as in the educationa.1 field for such study, the Board of Control may 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 statutes which would 

prevent our taking advantage of this provision? 

Section 3, Salaries and other General Provl- 
Hon. Hall II. Logan, page 2 (V-451) 

sions, 

pe,rt ": 

of said 5. B. 374, Subsection (b), provides in 

II 

. . No salary shall be paid to any 

person'unless such person 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 special provision concerning the payment 

of salaries of certain designated em loyees of said institution, as it does in Subsection 7 d)of Section 3 of 

S. B. 374, the former yields and the latter prevails, 

the specific provision being regarded as though it were 

an exception. The specific provision more clearly evidences the intention of the Legislature than the general one and, therefore, it will control. 

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

Senate Bill 374 appropriates money to carry 

on the Statess business in its eleemosynary institutions. The object and expressed purpose of Subsection 

(d) of Section 3 of S. B. 374 is to provide for the proper and up-to-date care of the inmate patients In said 

institutions (avowedly State business) by permitting the 

doctors and nurses thereof without loss of salary and at 

the Boardus discretion to study and acquaint themselves 

concerning the latest approved methods 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 educational benefits to certain individual doctors and 

nurses but rather to enable and encourage the improvement 

of medical practices within the said State institutions. 

It is contemplated, of course, that the employed doctors 

and nurses will accomplish their assigned duties and for 

the salaries provided in S. B. 374. So construed, Sub-, 

division (d) does not contravene any 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 the Agproprl8tion Bill msy 

be in conflict. There be,ing no general statute controlling on the subject, ,it Is our opinion that there 

is nothing which leg8,lly would prevent the State Board 

ofControl taking advantage of said provision 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 conflicting with any general law on the subject, prevails over Subsection (b), Sec. 3, of said Appropriation 

Bill, and the State Bo8rd of.Control may 

thereunder exercise Its lawful discretion. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

CEO:djm:mw 

Chester E. Ollison 

Assistant 

APPROVED: