THEATTOWNEY GENERAL 

TEXAS 

Hon. Dorman H. Winfrey Opinion No. C-161 

Director and Librarian 

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, 

You have 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, and if the employee continues in a 

part-time oapacity, on and after September 1, 

and is paid out of funds appropriated for ‘salaries of classified positions’, may his September 

salary be computed as a proportional part of the 

same salary step number of the new salary schedule contained in House Bill 867 May such 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, and if he is changed to a 

part-time status in the same position, 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 same step number he received as a part-time employee?” 

Subsection J of Section 1, Article V of H.B. 86 provides as follows: 

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Han,.’ Dorman H. 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,). 

The Appropriation 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 mean that the salary-of a part-time employee is to be 

determined in the same manner as the salary of a full-time employee but on a proportional basis. A copy 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 same as 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 same salary step number of the new salary 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, when an employee 

changed from a full-time classified employee to part-time 

status in the same position, 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 

who is changed to a full-time status in the same position, as 

set forth in Question 3, is eligible to receive the full-time 

salary equivalent to the step rate represented by the same step 

number he received as a part-time employee. 

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Hon. Dorman H. Winfrey, page 3 (C- 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 same salary step number of the new salary 

schedule of H.B. 86; such employees are eligible 

for merit salary increases; and either a full-time 

employee changing to part-time status or a parttime employee changing to full-time status in the 

same position should receive either a proportional 

part or the full salary, as the case may be, of 

the rate applicable prior to such change. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

PPtmkhrwb 

BY 

Assistant 

APPROVED: 

OPINIOE COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Jack Goodman 

Linward Shivers 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

Enclosure 

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