THEA~O~VEY GENERAL OF-TEXAS
AUSTIN~ 11. TEXAS
October 17, 1957

Honorable James A. Turman, OpinionNo. WW-282. Acting Executive Director, Texas Youth Council, Re: Can the Comptroller of Austin, Texas PublicAccounts approve and Issue warrants covering the payrolls submitted by Institutionsunder the Texas Youth Council,which include salaries for teachers, supervisorsand coaches? Dear Mr. Turman: And related questions.

Your letter of September 23, 1957, requests an opinion by this office on the following three questions:

"1

. Can the Comptrollerapprove and issue warrants covering the payrolls submittedby the Institutionsunder the Texas Youth Council which include salaries for principals, teachers, supervisorsand coaches. "2. If the answer to the above question IS in the affirmative,may the salariesbe paid from the appropriation 'Forpayment of salaries and wages, other operating expenses, including maintenance and repairs and capital outlay for operating the general administration,physical plant, food service, service industries,patient or student treatmentand care and education and all other activities for which no other provisions are made.' "3. If the answers to the above two questions are ,inthe affirmative, is it necessary to obtain approval of salary rates of principals, supervisorsand coaches from the Governor after obtaining the advice of the LegislativeBudget Board even though these rates may not be in excess of S.B. No. 116, as amended. Article II, Section 2-d)." (H.B.133,Honorable James A. Turman, Page 2 (WW-282).

We feel thatyour first question is fully answered by the reasoning of Attorney General's OpinionWW-229 (1957). This opinion Involved the authority of the Board for Texas State Hospitals and Special Schools to employpersonnelwith the position title of "teachers". The authority of this Agency to employ teacherswas sustained,notwithstandingthe fact that "teachers"was not listed as an authorizedposition title in A.,rtA,c;;

II of House Bill No. 133, Acts 55th Legislature,Regular 1957, page 918, the latterbeing the currentBi~ennla1 AppropriationAct. The sameprovisions of House Bill 133, discussed and set forth in said opinion,which supported the authority of the Board for Texas State Hospitals and Special Schools to employ teachersalso support the authority of your agency to employ teachers,principals, supervisors,and coaches. We attach a copy of said opinion and hence do not see the need for,further discussion of Its holding.

In answer to your second question, it is our opinion that the salaries of teachers,principals, supervisorsand coachesmay be paid from the Item in the appropriation, to each of the Institutionsand special schoolsunder the jurisdiction of your agency, which reads as follows:

"Forpayment of other salariesand wages and professional fees, travel, other operating expenses includingmaintenance and repairs and capital outlay for operating the general administration,physicalplant, food seTvIce, service industries,patient or student treatment,care and education, and all other activities for which no other provisions are made." See Article II of House Bill 133, Acts 55th Legislature, Chapter 85, pages 912 to 917.
Your second question is accordingly answered in the affirmative.

The answer to your third question concerns the construction of that portion of Article II of House Bill 133, at page 925, which reads as follows:

"d. Each classroom teacher or teacher ,ofexceptional children in each State School or Home specified in thisArticle shall receive as a minimum salary the classroom or exceptional teacher'smonthly salary rate specified in S.B. No. 116, Acts of the 51st Legislature, 1949, as amended. The governing board of each such State School or HomeHonorable James A. Turman, Page 3 (wwf~).

may recommend salary rates at amounts that will not exceed the salaries for likepositionspaid In the public schools in the city in which such State School or Home Is located, "However,such recommended salary rates in excess of the minimum amounts speciffed in S.B. 116, as amended, and the salary rates of principals, supervisors,and coaches in the special schoolsand homes specified in this Article,may not be paid without the advance written approval of the Governor after obtaining the advice of the LegislativeBudget Board; but such approved rates shallnever exceed the rates of pay for like positionspaid in the public schools of the city In which the State School or home is located."
We think the clear Import of the languageused in the secondparagraph of the foregoingprovision is that the salary rates of principals, supervisorsand coachesmay not be paid without the advancewritten approval of the Governor, after obtaining the advice of the LegislatSveBudget Board, even though such salary rates do not exceed the salary rates specified in Senate Bill No. 116, Acts of the 51st Legislature, 1949, as amended. In speaking of thisprovision in House Bill 133, and other provfsions therein of like Import, Attorney General's Opinion No. w-96 (1957) said:

"3o On page II-32, in the secondparagraph of Subsection d of Section 2 of Article II of the bill, there is a provision that ccl-taln salary ratesmust have the written approval of the Governor 'withthe advice of the Legislative Budget Board'D If construed as a part of or a condition of approval, thfswould be uneonstitutional as it is an attempt to vest an executive power in a jofnt committee of the legislative branch in violation of Section 1 of Article II of the Texas Constitution. General's OpinfonV-l-254(1951). o II*" Attorney

The advice of the LegislativeBudget Board cannotbe a conditionprecedent to or in any way a condition of approval by the Governor. The main duty and function of the Legislature is to enact lawswhile one of the main dut%es of the Executive is to put the laws into effect and to supervise their execution Under the doctrine of the separationand division of powers those two functions shouldbe kept separatewith a sharp line of demarcationbetween them.Honorable James A. Turman, Page 4 &w-282).

SUMMARY

The Comptroller of PublicAccounts is authorized to approve and issuewarrants covering the payrolls submittedby the institutionsunder the Texas Youth Councilwhich include salaries for principals, teachers, supervisorsand coaches. Such salarles are payable from the appropriation "Forpayment of salariesand wages

. . . and other operating expenses. . . ." Article II of House Bill No, 133, Acts 55th Legislature,Regular Session,page 925, requires the approval of the Governorbefore the salary rates of principals, supervisors and coachesmay be paid, even though such salary rates do not exceed the salary rates specified in Senate Bill No. 116, Acts of the 5lst Legislature, 1949, as amended.
Yours very truly,
WILL WILSON Attorney General of Texas

BY-~'- Leonard Passmore Assistant LP:pf
APPROVED:
OPINION COMMITTEE
Geo. P. Blackburn, Chairman
B. H. Timmins, Jr. John B. Webster
W. V. Geppert APPROVED FOR THE ATTORNEY GENERAL By: JamesN. Ludlum.