### THEATTOWNEY GENERAL TEXAS

Hon. DormanH. Winfrey Opinion No. C-161 Director andLibrarian Texas State Library Re: Various questions relative to Austin 11, Texas the construction of subsection J,,Section 1 of Article V, H.R. Dear Mr. Winfrey: 86, 58th’Legislature, as to part-timeemployees, Youhave written for our opinion with regard to the a plication of subsection J Section 1 of Article V, H.B. 06, 58th Legislature to the foliowing questions:

“1. If a Dart-time employee, of the type described above, was, in August 1963 paid a proportional part of a step rate in ihe salary schedule, andif the employee continues in a part-time oapacity, on andafter September 1, and is paid out of funds appropriated for ‘salaries of classified positions’, mayhis September salary be computed as a proportional part of the samesalary step numberof the newsalary schedule contained in HouseBill 867 Maysuch an employee be later eligible for merit salary increases as provided in Sub-section L?

“2

. If a full-time classified employee is paid at a step rate above Step 1 of the designated salary group, andif he is changed to a part-time status in the sameposition, will his part-time salary rate be oomputed as a propor-- tional part of the full-time rate applicable prior to his change to part-time employment? “3

. If a part-time employee is paid a proportional part of a step rate above Step 1 of the designated salary group, and if he is changed to a full-time status in the’same position, is he eligible to receive a full-time salary equivalent to the step rate represented by the samestep number he received as a part-time employee?” Subsection J of Section 1, Article Vof H.B. 86provides as follows:
-782-Han,.’DormanH. Winfrey, page 2 (c-161)

“J.

. PART-TIME EMPMYEES. Regular fulltime positions paid out of funds appropriated for ‘salaries of classified positions’ may also be filled by part-time employees. In computing the salaries of these employees the rates of pay shall be proportional to the rates authorized for full-time classified employment.~ It is further Drovided that Dart-time emulovees as described in this subsection shall be subject to all of the’ urovisions of this Section.” (Bmphasis added,). TheAppropriation Bill in force in 1962 contained a provision similar to said subsection J. Such provision was construed by this office, in Attorney General’s Opinion WW1158, to meanthat the salary-of a part-time employee is to be determined in the samemanneras the salary of a full-time employee but on a proportional basis. Acopy of this opinion is enclosed. Subsection J here involved also would clearly authorize a part-time employee’s salary to be converted in the same manner as would a regular full-time employee. Likewise, a part-time employee filling a,position paid out of funds appropriated for salaries of classified positions would be entitled to merit salary increases the sameas regular full-time employees. Therefore, in answer to your first question, a parttime employee’s salary should be computed as a proportional part of the samesalary step numberof the newsalary schedule, and such employee is later eligible for merit salary increases as provided for by the current Appropriation Bill in subsection L.
is With regard to your second question, whenan employee changed from a full-time classified employee to part-time status in the sameposition, his salary rate should be computed as a proportional part of the full-time rate applicable prior to his change to part-time employment.

In the exact opposite situation, a part-time employee whois changed to a full-time status in the sameposition, as set forth in Question 3, is eligible to receive the full-time salary equivalent to the step rate represented by the samestep numberhe received as a part-time employee.

-7a3-Hon. DormanH. Winfrey, page 

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### 1.61)

SDMMARY Part-time employees filling classified positions whose salary is paid out of funds appropriated for "salaries of classified positions" should have their salary computed as a proportional part of the samesalary step numberof the newsalary schedule of H.B. 

### 86;such employees are eligible for merit salary increases; andeither a full-time employee changing to part-time status or a parttime employee changing to full-time status in the sameposition should receive either a proportional part or the full salary, as the case maybe, of the rate applicable prior to such change. Yours very truly, WAGGONER

CARR Attorney General

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### BY Assistant APPROVED: OPINIOECOMMITTEE W.V. Geppert, Chairman John Reeves Jack Goodman Linward Shivers APPROVED

FORTHEATTORNEY

GENERAL BY: Stanton Stone
Enclosure

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