# THEATTORNEYGENEOF 7JYExAs AUSTIN~~.~XAS W’ILL WILSON A1TORNEY GENERAL July 20, 1961
Honorable J. M. Falkner Commissioner Department of Banking Austin, Texas Opinion No. WW-1095 **Ra:** Whether the Position Classification Act of 1961 is applicable to the Finance Commission, the Dear Mr. Falkner: BankingsDepartment, or the Savings and Loan Department. Inyour letter ofJune 1, 1961, you request the opinion ofthis office as towhether the Finance Commission andthe Banking and Savings and Loan’Departments are tobe governed by the Position Classification Act of 1961 ,(Acts 1961, 57th Leg. I p* 238, ch. 123), adopted April 26, 1961, to become effective September 1, 1961.

Section 2 of said Act reads in part as follows:

“Sec. 2, All regular, full-time salaried employments within the departments andagencies ofthe State specified inArticle III,
. . . ofthe bianniel Appropiiations Act, shall conform with the Position Classification ~Planhereinafter described andwith the salary rates and provisions ofthe applicable Appropriations Act commencing with the effective date ofthis Act, with the exceptions and deferments hereafter provided in this Section.

“Effective January 1, 1962, all regular, fullutime salaried employments in executive or administrative agencies ofthe State, regardless ofwhether their funds are kept inside or outside the State Treasury, shall also conform with the Position Classification Plan hereinafter described andwith the salary rates andprovisions ofthe General Appropriations Act withthe axcsptiona hereinafter provided in this Section.

YSpecifically excepted from the Position Clarsification Plan hereinafter described are . . , such other positionsHon. J. M. Falkner, page 2 (WW-1095)

in the State Government as have heretofore been or as may hereafter be excluded from such Position Classification Plan
. . . plied) by direction ofthe Legislature. “‘(Emphasis supThe question to be resolved is whether these Departments have been excluded from the Position Classification Plan by direction ofthe Legislature.

Article 342-112, V.C.S., (Texas Banking Code of 1943), has, since 1951, read inpart as follows:

II Fees, penalties and revenues collected by the

. . . Banking Department from every source whatsoever shall be retained and,held by said Department, andno part of such fees, penalties and revenues shall ever be paid into the General Revenue Fund ofthis State. All expenses incurred by the Banking Department shall be paid only from such fees, penalties and revenues, andno such expense shall ever be a charge against the funds ofthis State. The Finance Commission shall adopt, and from time to time amend, budgets which shall direct the purposes, andprescribe the amounts, for which thefees, pskna]Lties and revenues ofthe Banking Department shall be expended;
. . *‘I Article 342-205, V. C.S. ) relating to the savings and loan functions ofthe Finance Commission, was amended during the 57th Legislature by H. B. 91 (Acts 1961, p. 393, ch. 198), which creates a Savings and Loan Department operating in essentially the same manner as the Banking Department. This amendment was passed May 11, 1961, to become effective September 1, 1961. Subsections (b) and (b) ofSection 2ofthe amendmg act read in part as follows:

“(bj
. . .The Deputy Savings and Loan Commissioner, the Savings and Loan Examiners andall other officers and employees ofthe Savings and Loan Department shall receive such comgensa~tionas is fixed bythe Finance Commission which shall be paid from funds ofthe Savings and Loan Department. ”

“(h)
. . *All expenses incurred by the Savings and Loan’DepartmenU sbaSP be paid only from such fees, penalties, charges and revenues, and no such expense shall ever be aHorn J. I& Falkner, page 3 (WW-1095)
charge against the funds ofthis State or the funds of the Banking Department. The Finance Commission shall adopt, andfrom time totime amend, budgets which shall direct the purposes, and prescribe the amounts, for which the fees, penalties, charges and revenues ofthe Savings and Loan Department shall be expended:
. . .It The primary obje&ive sought in.construing anact to determine its proper meaning is the ascertainment ofthe legislative intent; and, as stated in 39 Texas Jurisprudence, at page 172:

“An important rule tobe observed in statutory interpretation is thatanact should be given a fair, ratio-l, reasonable and sensible construction, considering its language and subject matter, andwith aview to accomplishing the legislative intent andpurpose. Inother words, construction should comport with common sense andjustice, and irrational conclusions or deductions should be avoided. ” We are ofthe opinion thatthe Legislature considered thattlaeFinance Commiss,ion andthe Banking Department hadbeen previously excluded from the Position Classification Plan under the language ofAr~ticle 342-112, quoted above, andthat the enactment ofH. B. 91, containing specific language directing that all personnel affiliated with the new Savings and Loan Department are to be compensated~from funds ofthe Saving8 and LoasiDepartment inamounts fixed by the Finance Commission, is further evidence of the legislative intention to exempt these Departments from the Position Classification Plan. To decide otherwise would be to say thatthe Legislature approved the Position Classification Plan onApril 26, 1961, andtwo weeks later approved and included meaningless provisions relating to salary disbursements in the amendment to tbnBanking Code.

“The rule that statutes inparimateria will be constnued together applies with peculiar force to acts passed at the same session ofthe Legislature, andwith even greater force to acts passed at the same time. Itis presumed that contemporaneous statutes are actuated by the same policy and imbued by the same spirit. Accordingly theywill be read together, each in the light ofthe other, as thoughthey were embraced in one act or were supplementary to each other. “The several acts will be harmonized andeach willHon. J. h& Fallmer, page 4 (WW-1095)

be upheld andgiven effect unless their provisions are absolutely repugnant. ” 39 Tex. Jur. 258, Statutes, §137. SUMMARY

The Position Classification Plan, established by the Position Classification Act of 1961, does notapply to the Finance Commission andthe Banking andSavings and Loan Departments. Yours very truly, WILL WILSON Attorney General of Texas

DDM/pe APPROVED: OPINION,COMMITTEE: Morgan Nesbitt, Chairman Elmer McVey John Reeves Milton Richardson BYDudley D. @Calla Assistant Atiorney General

REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee