ORNEY GENERAL

OF TEXAS

Honorable Penn 9. Jackson OpinionNc. WW-494 Chairman State Board of Insurance Re: Compensationof members Austin 14, Texas of the State Board of Insurance for the fiscal year ending August 31, Dear Mr. Jackson: 19590

You have requested an opinion wneerning Item 1 of the appropriationunder the heading 'pBoard of Insurance Commissioners" eontafned fn House Bill 133, Acts of the 55th Legislature,Regular Session, 1957, Chapter 385, page 870, at page 1006. Your qaestfons are as follows:

"1. Is the Comptroller IawPully authorized to pay the members of the State Boar1 of Insurance their compensationbeginning September 1, 1958, from such appropriationsfor salaries and wages enumerated In House Bill 133?

"2~ Commencing September 1, 1958,when the members of the State Board of Insurancedevote full time to the duties of their of"fioes, and so certify,may they be paid out of au& ap&c,_, ~--~n?f~tions~

at the ?2xte of 1/12th 5P the annual appr~;Xiation eachmonth?

“3. If QuestionNo, 2 is answered in the negatfve, then please inform us what 

## ~pmwi~k!dwwf?ng er certiffcatewill be required on the per ,s,Yern account of the members for this c~mpenaat'ron."

Item 1 reaes as follows:

"For the years Fndfng August 31, August 31, 1958 1959

"FOP Salaries and Wages:

"1. Commissioners,at $15,000 0 D

. D

. * $ 45,000 $ 45,000”HonorablePenn J".Jackson, Page 2, (WW-494).

Senate Bill 222 Regular Session, Chapter 4 Acts of the 55th Legislature, 99, page 1454, amended the Texas Insurance Codeby oreating the State Board of Insuranaeand the new officialposition of Commissionerof Insurance. Subdivision (b) of Article 1,02 of the Insurance Code as amended by SenateBill 222 provides as follows:

Code "(b)All of the powers, functions, authorlties, prerogatives,duties, obligationsand responsfbflftfes,heretofeTevested In and devolving upon the Board of Insurance Commissionersas heretofore constftutedunder prior statutes;the Chairman of saidBoard; the Life Insurance Commissioner; the Fire Insurance Commfssioner;and the Casualty Insurance Commissioner, shallhereafter * be vested in the State Board of Insuranceas a body, and except as provided herein, they shall be exercised,performed, carried out, and administered by the Commisslone~of Insurance as the chfef executfvead admir.iat:?ative officer of the Board in aceordanoewith the pertinent laws of this state awd the rules and regulations for uniform applicationmade by the Board and subject to eupervfsfonof the Roard. The duties of the State Board of Insurance shallbe primarily in a supervisory eapacfty and the carrying out and admlnistering the details of the Insurance Code shallbe prfmarfly the duty an& reapoasfbilftyof the Commissfonerof Insurar-nee acting under the supervfsion of the

## E!oa~d.~

Subdfvfsion (bj of Article 1.05 of the Insurance is amen,ded

by Senate Bill 222 provides as follows:
'"(bj Themembers of the Board shall receive compensationuntil August 21, 1958 at the rate of Fifteen Thousand Dollars ( 15,OOO.OO)per year and thereafter shall receive a 

## perdiem of Fifty Dollars ($50,09)per day for each clay devoted to their duties but the total amount of per diem for each Commissionerfn any year shallnot exceed that amount set forth in the General AppropriationBill. In addition to the per diem the members shallbe entitled

## to thefr actual expensesbut **in** no event
more than allowed fn the GeneralAppropriation Eill.'YHonorable Penn J, Jackson, Page 3 (WW-494).

On the very wording of subdivision (b) of Article 1.05 it was contemplatedby the Leglslaturo that the compensationprovided for thereinwould be provided In the General AppropriationBill, and in passing the General Appropriation Bill the Legislature reaagnized the provisions of Senate Bill 222, since it appropriatedmoney for the compensation of the Commissionerof Insurance,which positionwas ereatedby the provisions of SenateBill 222. WW-166 (1957). Attorney Ganeral*s Opinion

Therefore,you are advised in answer to Question No. 1 that the compensation for the members of the Stat? Board of Insuranasmay be paid by the Comptrollerof Public Accounts out of moneys appropriated in Item 1 of the appropriation above quoted,

After August 31, 1958, the provisions of subdivision (b) of Article 1.05, Texas Insuranoe Co,de, limits the amount of compensationthat may be paid eachmember of the Board to $50.00per day for each day devoted to their duties, not to exce@d the amount set out in the General Appropriation Bill. $15,000

The General Appropriation 'Billsets this amount at each

## for the fiscal year ending August 31, 1959. Therefore, the members of the State Board of Insurance are limited to a per diem of $50.00per day, not to exceed 300 days during the fiscal year ending August 31, 1959. Sinae the provisions of Article l.C5 supra speeifieally

## pravfded for an annual salary for the fiscal year ending August 31, 1958, and a per diem thereafter,you are advised in answer to

## youpsecmmd question that the members of the State Board of Insurance cannot be paid at the rate of 1/12th of the annual appropriationfop thcfr compensation,but are entitled to be paid their per diem provided in A~tfcle 1.05.

In holding that the provisions of Article l,e5 limit the amount of compensation thatmay be paid the members of the State Boar,3

of InaEranoe,we ape not unmindful of the provisions of Senate Bill 58, Acts of the 55th Legislature, 1957, Regular Session, Chapter 4, page 5, which suspends the salary laws

## for State officers and State employees

## for the period beginning September 1, 1957, and ending August 31, 1959. Senate Bill 58 was passed by the Legislature on February 13, 1957, while Senate Bill 222 was passed May 23, 1957. Senate Bill 222 being the later enactment of the Legislature.must control over the provisions of Senate Bill 58. Jesus de la 0, 227 S.W.2d 212 (Tex.Grim. 1950); Broeter, Terrell, 145 Tex. 142, 196 S.W.2d 82 (1946);Town

118 Tex. 463, 16 S,W.2d 1063 (1929);Stevenson'v.Honorable Penn J. Jackson, Page 4 (WW-494).

State, 159 S.W. 505 (Tex. Grim. 1913); Parshallv, State, m.W. 7.59(Tex. Crlm. 1911).

part: Article 4359, Vernon's Civil Statutes,provides in

"It is hereby provided that a department, court, school, or other state agencymay prepare and present payroll claims to the Comptroller prior to the end of the payroll period,which said payroll claims shallbe verified by affidavit
as to services theretofore actuallyperformed within suchpayroll period prior to the date of suchpayroll claims; and suchpayroll claims need not be verifiedby affidavit as to any services to be performed during suchpayroll period subsequent to the date of suchpayroll claims. Such claims when so presented shall be prepared and approved
as otherwiseprovided below. The Comptroller shall accept suchpayroll claimwhen presented and prepare warrants in payment thereofprior to date such claims become due and payable, and hold suchwarrants for deliveryuntil the claims become due and payable. Suchwarrants shallbe dated as of the due date of the claim and shallnot be delivered to the claimantuntil the end of the pay period. The Treasurer Is hereby authorized to countersign suchwarrants and to make such entry as to properly take them into account. In order that suchwarrantsmay be ready for delivery at the end of the pay period the Comptroller Is authorized to make such rules and regulationsas may be necessary for filing payroll claims in advance of the pay period, and for the preparation and writing of warrants in payment thereof to adequately and properly achieve suchpurpose."

We know of no provisionwhich would prohibit the members of the State Board of Insurance from being carried

on the payroll of your Department. Therefore, the provisions of Article 4359 would authorize you to have prepared and present payroll claims of your Department to the Comptroller, inoluding the claim for the compensation of eachmember of the State Board of Insurance. The only additional fact that must be shown on the payroll is the number of days claimed by each member for the particularpayroll period. As stated above, the only limitation in the amount of compensation is $50.00 a day, not to exceed 300 days for the fiscal year ending August 31, 1959.Honorable Penn J, Jackson, Page 5 ('N-494).

Eachmember of the State Board of Insurance after August 31, 1958,may be paid $50.00 per day xxnperxationfor each day &voted to h%a &ties not to exceed 300 days for the fiscal year ending August 31, 1959, and such wm~ensation may be paid out of the appr6priat,fon

contained Jn Item 1 OP the appro;:r:a,tfcc?

,underthe heading "Beard 'CC

Inzw~ame Commisslonere"in House Bill 133, Aczts of the 55th LegiCature, Regular Ses385, pase 870, at page

You-c ver-ytrul,y,

WILL WILSON Attorney aineral of Texas 

### /$a- d7@+ 0’ BYJohn Reeves Assistant