December 15, 1972 p-J;7 s 

Hon. Bob Bullock 

State of Texas 

Office of the Secretary 

of State 

Austin, Texas 78711 

Dear Mr. Bullock: 

Opinion No. M- 1279 

Re: Questions relating to transfer of accrued vacation credit 

and payment in cash in lieu of 

vacation taken, of state employees and constitutional officers of the State. 

Your request for an opinion asks the.following questions: 

"1. 

" 2 . 

" 3 . 

"4. 

May a state employee who is appointed, 

without interruption of state employment, to a Constitutional Office of 

the State of Texas be credited with 

unused vacation entitlement accrued 

prior to his appointment? 

May a Constitutional Officer of the 

State of Texas accrue and be paid for 

all accrued but unused vacation entitlement upon termination from that 

office? 

If the above answer is in the affirmative, when should payment be made? 

If there are insufficient funds in the 

appointed officer's line item salary 

appropriation, from which salary appropriation should payment be made?” 

Accrued vacation entitlement is a vested right of State 

employees and of their estates. Attorney General's Opinions 

Nos. M-1075 (1972) and M-1252 (1972). 

Article 681313, Vernon's Civil Statutes, provides in part: 

-6280- 
Hon. Bob Bullock, page 2 (M-1279) 

- “From and after the effective date of 

this Act, all salaries of all State officers and State employees, including the 

*salaries paid any individual out of the 

General Revenue Fund, shall be in such 

sums or amounts as may be provided for by 

the Legislature in the biennial Appropriations Act. . . ." 

It was held in Attorney General's Opinion No. M-1252. 

"Since payment for all duly accrued 

vacation time is payment for services 

rendered, it is our opinion that such 

payment constitutes salaries within 

the meaning of Article 6813b. . . . 

Employees for whom line item appropriations are made may be paid for accumulated vacation time from other 

salary funds." 

Section 7 of Article V of the current General Appropriation Act is by its express terms applicable only to "annual 

employees of the State". Therefore, it is our opinion that 

the provisions of Section 7 of Article V relating to ",Employees 

Vacation and Leaves" are not applicable to State officials. 

Terminal leave pay for all vacation time duly accrued was 

required for the first time in the current General Appropriation 

Act. Prior to its enactment, pay for accrued vacation was not 

permitted except as provided in Article 6252-8a, Vernon's Civil 

Statutes. See, Attorney General's Opinion No. M-1075 (1972). 

Section 7 of Article V of ,the current General Appropriation 

Act provides in part: 

"If a State employee transfers dfrectly from one State agency to another, 

he shall be entitled to credit with the 

newly employing agency for his accumulated but unused vacation entitlement, 

provided that his employment with the 

State is uninterrupted. A State employee who resigns, is dismisaed, or 

separates from State employment shall 

be entitled to be paid for all vacation 

time duly accrued." 

-6281- 
Bon. Bob Bullock, page 3 " " .(M-1279) 

In view of the foregoing, your questions are answered 

as follows: 

1. Whenever a State employee qualifies to a Constitutional Office of the State, he ceases to be a State employee. 

There is no authorization for payment for unused vacation 

time for an employee whose employment was terminated prior 

to September 1, 1972. If a State employee qualifies to a 

Constitutional Office after September 1, 1972, such individual would be entitled to be paid all vacation time duly accrued. An employee's unused vacation entitlement may not be 

transferred and credited to him in his capacity as a Constitutional or statutory Officer because the above quoted provision regarding transfers of vacation time speaks only to 

employees as distinguished from officers. The same language 

regarding transfers of vacation time has been included in 

the last five appropriation bills. 

2. A Constitutional Officer of the State may not accrue 

or be paid for vacation. 

In view of our answer to,question 2, it is unnecessary 

to answer question 3 and 4. 

------- SUMMARY 

Section 7 of Article V of the current General Appropriation Act relating to "Employees Vacation and Leaves" is not applicable to State officials. 

-. 

ney General of Texas 

Prepared by Bob Gauss 

Assistant Attorney General 

-6282- 
Hon. Bob Bullock, page 4 (M-1279) 

APPROVED: 

OPINION COMMITTEE 

W. E. Ailen, Chairman 

Bob Flowers 

Marvin Sentell 

J. C. Davis 

John Grace 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

-6283-