’ -‘-.. R-754 

Hon. Oraham Bruce 

County Attorney 

Orange County 

orange, Texas 

October 15, 1947 

Opinion No. V-406 

Re: Construction of Sec. 2, 

Art. III, Ch.,228, H.B. 

295, 50th Leg., 1947. 

Deer Mr. Bruce: 

Your request for an opinion of this Department 

is substantially as follows: 

?l?he Orange County School Superintendent 

and the Superintendent of the Orange Independent School Distrlot have requested my opinion 

on the construction of Section 2, Article III, 

of Chapter 228 of the laws enacted by the Flftieth Legislature (Ii. B. 295). 

“0ll8. Is a teacher who hae received an 

M. A. degree and who has completed one ,or more 

years of college training after having received 

said M. A. degree entitled to a raise of $25.00 

per month for each year of such additional years 

of college training? 

"TWO. Is a teacher who has received a Ph. 

D. degree entitled to receive $25.00 per month 

extra for each year of college training after 

the receipt of an M. A. degree, or to just one 

$25.00 raise regardless of the number of years 

college training required between the receipt of 

an M. A. degree and the receipt of a Ph. D. degree?' 

Section 2, Article III, H. B. 295, 50th Leglslature, 1947, Is in part as followsn 

"Salary sdhedule and Length of Term. The 

base pay for classroom teachers in unaccredited 

schools shall be One Hundred and Fort 

Dollars ($148) per month for .elght (8 3 

-eight 

months. 

The base pay for classroom teachers In accredited 
Hon. Graham Bruce - Page 2 (v-406) 

schools shall be One Hundred and Forty-eight 

Dollars ($148) per month for nine (9) months. 

The base pay for Vocational Agriculture, 

Vocational Home Economics, and Trades end 

Industries teachers shall be One Hundred and 

Twenty-four Dollars ($124) per month for 

twelve (12) months In both accredited and 

unaccredited schools. Tventg-five Dollars 

($25) per month shall be added for each year 

of colle 8 

7 

credit over one (1) year. SiX 

Dollars $6) per month shall be added for 

each year of teaching experlqnce not to exceed Seventy-two Dollars ($72) per month. 

To receive credit for each year of college 

training beginning with the fourth year, a 

recognized Degree appropriate to each year 

of college training must have been conferred. 

. . . (Emphasis ours) 

The determination of your questions requires a 

construction of that portion of Section 2 of Article III 

of said Act which relates to Increments for each year of 

college training prior to and after the conferring of an 

appropriate degree for each year of college training after 

the fourth year. The Act contemplates that a teacher 

shall receive $25 per month for each year of college credit over one year. Therefore, a teacher with,two years of 

college training would receive a $25 increment, and for 

three years $50. Beginning with the fourth year a degree 

appropriate to each year of college training must have 

been conferred to be entitled to an additional increase. 

The teacher upon whom a B. A. degree, OP Its equlvelent, 

Is conferred would be eligible for $75 and sn additional 

year's work and the conferring of a Basters degree would 

qualify a teacher for $100. This Department interprets 

the provision relating to a Ph. D. degree 8,s meaning that 

a teacher would not be entitled to an additional Increase 

until the Ph. D. degree is conferred, at which time an 

additional Increase of 50 would be allowed qualifying the 

teacher for a total of t 150 in increments. A Ph. D. degree presupposes two years of additional college training. 

No extra increase Is allowed for the Intervening years of 

college work, but the same Is predicated upon the conferping of a Ph. D. degree. The Increase In pay is condlHoned upon en approprle.te degree for each year of college training beginning with the fourth year. It Is our 

opinion that the foregoing is a reasonable and proper 

construction of said Section 2, Article III, of the Bill 

end that both your questions should be answered in the 

negative. 
. .I . 

Eon. Graham Bruce - Page 3 (V-406) 

Since the enactment of the provision under dlscusslon, the State Department of Education has adopted 

the practice of allowing $25 per month increase for a 

Wasters degree and $50 per month for a Ph. D. degree. It 

Is the opinion of this Department that such a construction placed upon the Act In question Is reasonable and 

sound and in the absence of Texas authority to the contrary, the departmental construction should be followed. 

SUMMARY 

A teacher, upon whom a Basters degree Is 

conferred, is not entitled to $25 per month 

Increase in pay for each year of additional 

college training until the Ph. D. degree is 

conferred. When the Ph. D. degree Is conferred 

Q 

such teacher is entitled to an addltlonal 50 per month. The lhrement or Increase 

In pay allowed In Section 2 of Article III, 

B. B. 295, 50th Leg., Is predicated upon the 

receipt of an appropriate degree for each 

year of college training beginning with the 

fourth year. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

BWrdjm 

7 

Burn811 Weldrep 

Assistant 

ATTORNEY GENERAL