THEA~O~VEY GENERAL 

OF-TEXAS 

AUSTIN~ 11. TEXAS 

October 17, 1957 

Honorable James A. Turman, Opinion No. WW-282. 

Acting Executive Director, 

Texas Youth Council, Re: Can the Comptroller of 

Austin, Texas Public Accounts approve 

and Issue warrants covering the payrolls submitted 

by Institutions under the 

Texas Youth Council, which 

include salaries for teachers, supervisors and 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 Comptroller approve and issue 

warrants covering the payrolls submitted by 

the Institutions under the Texas Youth Council 

which include salaries for principals, teachers, 

supervisors and coaches. 

"2. If the answer to the above question IS 

in the affirmative, may the salaries be paid 

from the appropriation 'For payment 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 treatment and care and education and 

all other activities for which no other provisions are made.' 

"3 . If the answers to the above two questions are ,in the affirmative, is it necessary 

to obtain approval of salary rates of principals, 

supervisors and coaches from the Governor after 

obtaining the advice of the Legislative Budget 

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 that your first question is fully answered 

by the reasoning of Attorney General's Opinion WW-229 (1957). 

This opinion Involved the authority of the Board for Texas 

State Hospitals and Special Schools to employ personnel with 

the position title of "teachers". The authority of this Agency 

to employ teachers was sustained, notwithstanding the fact that 

"teachers" was not listed as an authorized position title in 

A.,rtA,c;; II of House Bill No. 133, Acts 55th Legislature, Regular 

1957, page 918, the latter being the currentBi~ennla1 

Appropriation Act. The same provisions 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 teachers also 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, supervisors and 

coaches may be paid from the Item in the appropriation, to each 

of the Institutions and special schools under the jurisdiction 

of your agency, which reads as follows: 

"For payment of other salaries and wages 

and professional fees, travel, other operating 

expenses including maintenance and repairs and 

capital outlay for operating the general administration, physical plant, 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 

,of exceptional children in each State School 

or Home specified in this Article shall receive as a minimum salary the classroom or 

exceptional teacher's monthly 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 Home 
Honorable James A. Turman, Page 3 (wwf~). 

may recommend salary rates at amounts that 

will not exceed the salaries for like positions paid 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 schools and homes specified in this 

Article, may not be paid without the advance 

written approval of the Governor after obtaining the advice of the Legislative Budget Board; 

but such approved rates shall never exceed the 

rates of pay for like positions paid in the 

public schools of the city In which the State 

School or home is located." 

We think the clear Import of the language used in 

the second paragraph of the foregoing provision is that the 

salary rates of principals, supervisors and coaches may not 

be paid without the advance written approval of the Governor, 

after obtaining the advice of the LegislatSve Budget 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 this provision in House Bill 

133, and other provfsions therein of like Import, Attorney 

General's Opinion No. w-96 (1957) said: 

"3 o On page II-32, in the second paragraph 

of Subsection d of Section 2 of Article II of 

the bill, there is a provision that ccl-taln salary 

rates must have the written approval of the 

Governor 'with the advice of the Legislative 

Budget Board' D If construed as a part of or a 

condition of approval, thfs would 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 Opinfon V-l-254 (1951). o II *" 

Attorney 

The advice of the Legislative Budget Board cannot be 

a condition precedent to or in any way a condition of approval 

by the Governor. The main duty and function of the Legislature 

is to enact laws while 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 separation and division of powers 

those two functions should be kept separate with a sharp line 

of demarcation between them. 
Honorable James A. Turman, Page 4 &w-282). 

SUMMARY 

The Comptroller of Public Accounts 

is authorized to approve and issue warrants covering the payrolls submitted by 

the institutions under the Texas Youth 

Council which include salaries for principals, teachers, supervisors and coaches. 

Such salarles are payable from the appropriation "For payment of salaries and wages 

. . . and other operating expenses. . . ." 

Article II of House Bill No, 133, Acts 

55th Legislature, Regular Session, page 925, 

requires the approval of the Governor before 

the salary rates of principals, supervisors 

and coaches may 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: James N. Ludlum.