4 R-867



### OF'FlCE OF 

# THEATTORNEY 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 fromItem 23 of the departmental appropriation for the Depertment of Agriculture contained in S. B. 391, General Laws, 50th Legislature, at pa view of Paragraph 7e 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 Are8 Inspectors and “19. Supervis or9, none t0 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, rep8ire, 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 amendedby 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). Wemakethis observation 

### forthe reeson that apparently the namesof these funds are and have been used interchangeably by the Legislature in appropriation bills, ;;;tComptroller 

### ofPublic 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. Weare aware 

### ofthe sources of the moneygoing 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)

Webelieve 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 nowappears. 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 TheCommissioner 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

OFTEXAS

JTB/lh BY Assistant