4 R-867 

OF'FlCE OF 

THE ATTORNEY GENEBAL 

AUSTIN. TEXAS 

PRICE DANIEL 

ATTORNEY GENERAL November 15, 1947 

Hon. J. E. McDonal,? Opinion No. V-433 

Commissioner of AgrFculture 

Austin, Texas Re: Authority of Commiasioner of Agriculture 

to pay salaries from 

funds appropriated aa 

contingent funds 

Dear Sir: 

Your request for an opinion of this Department 

dated October 11, 1947, relates to the authority of the 

Commissioner of Agriculture to hire part-time employees 

for the Field Seed Certification Division of the Department of Agriculture and pay their salaries from Item 23 

of the departmental appropriation for the Depertment of 

Agriculture contained in S. B. 391, General Laws, 50th 

Legislature, at pa 

view of Paragraph 7 

e 812. Your question has arisen in 

14) f, Section 2, of this Act, which 

reads 8s fOllOWs: 

"f . Contingent Expenses. None of the 

funds hereinabove appropriated for 'contingent expenses' or 1m8intenance and mlacellaneous' shall be used for the payment of any 

salaries unless specifically authorized to 

be p8id in the itemization under the continRent, maintenance end miecellaneous items 

herelnebove set out and designeted therein 

es ‘salaries, ( ‘extrs help, ( or ‘seasonal 

18bOr.'" 

The appropriation to the Field Seed Certlflcation Division of the Department of Agriculture in 9. B. 

391 is as follows: 
Hon. J. E. McDonald - Page 2 (Ro. V-433) 

“Field, Seed, Certification 

Division 

“19. Are8 Inspectors and 

Supervis or9 , none t 0 

exceed $2280. per 

year each . . . . . . . . . . 

“20. Traveling Expenses.. 2,ooo.oo 2,ooo.oo 

Out of Special Pure . 

Seed Fund (Article 

56 to 67 inclusive., 

R.C.S., 1925, and 

Ch8pteP 93, First 

Celled Session of 

the 41at Legislature, 

end any Amendments .) 

“21. 

“22. 

“23. 

Chief of Division... 3,624.OO 3,624 .OO 

Office AasiSt8nt, 

Inspectors and 

other seasonal 

help, none to exceed $2280. per 

year each . . . . . . . . . . 3,456.00 3,456.m 

Postage, prlntlng, 

rep8 ire, equipment, 

supplies, traveling 

expense end contlngent ,............... 10,000.00 10,000.00~ 

For years ending 

August 31, August 31, 

1948 1949 

$9,120.00 9,120.oo 

The “Special Pure Seed Fundn referred to above 

csme into existence by virtue of Article 67e, Vernon’s Civil 

Statutes (Ch. 93, 1st C.S., 41st Legislature, as amended by 

Acts 46th Leglsleture, Ch. -2, pa$e 3) and the “Specie1 Pure 

Bred Cotton Seed Inspectlon Fund by virtue of Article 66, 

Vernon18 Civil Statutes (Acts 2nd C.S. 38th Legislature, 

1923, P. 127). We make this observation for the reeson that 

apparently the names of these funds are and have been used 

interchangeably by the Legislature in appropriation bills, 

;;;tComptroller of Public Accounts and the Treasury Departand that the 50th Legislature intended to appropriate 

in Iiem 21, 22 end 23 moneys in both funds although only one 

1s deslgnated. We are aware of the sources of the money going Into these funds and of the Legislature’s expression as 

to the uses these funds are to be put to as revealed in the 

statutes, Article8 56 through 67a, Vernon’s Civil Statutes. 
Hon. J. E. McDonald - Page 3 (No. V-433) 

We believe that the provisions of Paragraph (14)f 

of Section 2, S.B. 391, quoted above, forbid the payment of 

any salary from Item 23 of your appropriation, and that the 

Legislature intended that part-time employees for the Field' 

Seed Certification Divlslon should be naid from Item 22. however small It now appears. Item 22 st;ltea speciflcally'"0ffice Assistant, Inspectors end other seasonal help." Under 

no rule of construction could we say that Item 23 contained 

in any part thereof a salary provision, especially in the 

face of the prohibition of Paragraph (14) f. Item 23 falls 

within the prohibition of p8r8graph (14) f, since it contains the word "Contingent' and does not contain the words 

"381ar1e3, ' "extra help" or "seasonal labor." 

General's Opinion v-368. 

See Attorney 

SUMMARY 

The Commissioner of Agriculture Is not 

authorized to pay part-time employees from 

Item 23 of the departmental appropriation 

for the Department of Agriculture contained 

in 3. B. 391, 50th Legislature. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

JTB/lh 

BY 

Assistant