April 25, 1962 

Mr. W. W. Jackson 

Ch&rmanState Board of Education 

Austin, Texas 

Onlnion No. WW-1321 

Re: Whether the State Board 

of Education has the 

authority to establish 

and pay salary supplementations from certain 

special funds to personnel 

In positions not classified 

under the provisions of 

H. B. 189, Acts of the 

Dear Mr. Jackson: 57th Legislature. 

You have requested an opinion from this office upon 

the question of: 

11 

. a . does the State Board of Education 

have the authority to establish and pay a supplementation to the salaries of the Commissloner of 

Education, Deputy Commissioner of Education and 

certain of the Assistant Commissioners of Education 

from Federal Funds received by the State Eoard of 

Education under the Vocational Education Act of 

1946, Public flaw 586, 79th Congress, and the 

National Defense Education Act, Public Law 85- 

864, Titles III, V, and X when the contract under 

which each of these funds are paid to the State 

Board of Education specifically provide for the 

supplementation of salaries?" 

House Bill 468, Acts of the 57th Legislature, Regular 

Session, 1961, Chapter 468, page 1052, codified as Article 2654- 

3b, Vernon's Civil Statutes, provides in Section 5 thereof that: 

"The State Board of Education shall be responsible for maintaining State programs and activities 

designed to bring about Improvement in the public 

schools. In discharging this responsibility, the 

Board Is authorized to enter into contracts for 

arants from both aublic and urlvate organizations 

and to expend such funds for-the 

and in accordance with the terms 

with the contracting agency." (ti 
Senate Bill 1, Acts of tne 5'7th J,egislatlAre, First 

Callei; Session, 1961, the General Appropriations Bil.1, provides 

in Article IV In the departmental appropriation to the Central 

‘:i!ucation Agellcy that: 

“The proper officer or o!Yi’icers of the Central 

Li;I.icatior1 Agency are hereby authorized, to make application for and accept any other gifts, grants or 

allotments from the United States Goveri.ment or 

other sources to be used on coogerat%ve and other 

projects and programs 1n Texas. Ar;y such Federal 

and other funds as may 'be depositel, In the State 

Treasury are hereby appropriated to the specif’ic 

nuruoses authorized bs the Federal Government and 

bther contracting organizations , grrtlie Ztate 

Board of klucation is authorized to exznd the,;e 

f'ur!ds in accordance with the terms of the cont:zct 

with the contracting agent.‘” (Emphas!.s am 

Your letter states that contracts with the Federal 

Government which govern the expenditure of Federal funds in 

r:L:ch areas as Vocational Education, Guidance and Testing, Improving Instruction in Mathematics, Science and Modern Ianguages 

and for the Improvement of Statistical Services contain specific 

provisions for the payment of supplementations to salaries in 

i;uch amounts as are authorized by the State Board o~i' Education. 

Illustrative of this point is the provision in the contract 

between the TJnited States Government and the Texas Central Kducation Agency pertaining to the State Plan for the Strengthening 

oi Instruction In Science, Mathematics and Foreign ,!anguages 

nnrsuant to the National Defense Education Act, Pubi~ic J,aw ,?5- 

204, Sections 301-304, Title III, 85th Congress, wh’!,o!? proYtl!es 

that : 

"2.9 Identifying and Prorating Expenses 

Salary payments and the supplementation ci' 

salaries will be in such amounts a,s are de+;eK-?ned 

by the State Board of Education. . . .II (E~phasi:; 

added] 

In view.of the provisions of Section 5 of' Article 

26sh-3b and Senate Bill 1, we are of the opinion that the Legislature intended for the funds received by the Central Xucaticn 

.o Agency, L rom such sou'rces as public or ;Jr,tvate orgarr?zation::, 

to be expended in the manner and for the reasons set i'o,rtlq ifi 

the contracts entered into between the Central. Educa~t<.on !&;ehcy 

and t,he public or private OrganiZatiOn granting slJ?h f”~n!i.i:. 

:/her. such contracts have provisions allowing the :unds to be uc~ 
I . 

_-- -- 

Mr. W. W. Jackson, page 3 (WW-1321) 

for the supplementation of salaries, such as In the previous 

illustration, we are of the opinion that the State Board of 

Education is authorized to use the granted funds for the 

supplementation of salaries. 

Supplementation of salaries under similar condltlons 

has been 

O-3879 

u held by this office In Attorney General Opinion No, 

(19 E l), pertaining to the Department of Public Welfare, 

and Attorney General Opinion No. O-6735 (1945!, pertaining 

to the State Commisslon for the,Blind. 

SUMMARY 

Pursuant to Article 2654-3b and Senate Bill 

1, supplementation of salaries from funds granted 

to the Central Education Agency from public and 

private organizations is autkorlzed when the contracts between the Central Education Agency and 

the public or private organizations granting such 

funds provide that such funds may be used for 

supplementation of salaries. 

Yours very truly, 

WILL WILSON 

,Attorney -General of Texas 

PB:wb:mkh 

APPROVED: 

OPINION COMMITTEE 

J. C. Davis, Chairman 

Jay Howell 

W. 0. Shultz 

Charles Lit-id 

John Hofmann 

By: Pat Bailey 

Assistant 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.