December 3, 1971 

Hon. Louis L. Ncpaniels 

Executive Director 

~Opinion No.M-1010 

Texas Water Rights Commissi,on Re: Whether the Rio Grande 

Sam Houston State Office Bldg. ~Compact Commission can 

Austin, Texas pay a new employee as 

a Hydrologist I, (Group 

17, Step, 1) an annual 

salary of $11,616.00 

; when .ttie'Commissioner 

of the Rio Grande Corn-~ 

pact is receiving an 

Dear Mr. McDaniels: annual salary of $6,000.00 

You have.requested ou~r opinion as to whether the Rio 

Grande Compact Commission can pay a new employee as a Hydsolotiet I, (Group 17, Step l).an annual salary of $11,616.00 

or other rate deemed bomparable, when the Rio Grande Compact 

Commissioner,by law can only receive $6,000;00 per year. 

We assume that your inquiry relates to a person who 

will be a full-time state enbineer , rather than an independent contractor, although this isnot controlling; your 

letter 60 states. This new position must be comparable to 

the job classification act. ,General Appropriation Act, Pages 

V-27, 28, Supplement to Senate Journal, S.B. 11, Acts 62nd 

Leg., R.S., i971, as amended by S.B. 7, 1st C.S. 62nd Leg., 

1971. YOU ,also know that' you are authorized to pay less 

than the amount set forth in a line item or maximum decided 

upon for a comparable position. Sec. 2a, page V-32, General 

Appropriation Act, supra. 

The Rio Grande Compact Commission of Texas has author,ity 

.to hire an engineer or several engineers subject only to the 

existence.and conditions of appropriations therefor by the 

Texas Legislature. Section 41.007, Texas Water Code; General 

Appropriations Act for fiscal year'september 1, 1971 to 

August 31, 1972, Item 13,, page 111-155, Senate Journal, supra. 

He is not to take bids on this employment, but is to hire a 

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Hon. Louis L. Mcbariiels, page 2. (M-1010) 

competent engineer. Art. 664-4, V.C.S. as enacted by Acts 

62nd Leg., R.S., 1971, Phap. 38, p. 72, effective March 31, 

1971. 

“No state agency,...shall make any contract for, or engage the professional 

services of, any licensed...registered 

engineer... selected on the basis of competitive.bids'...but shall select...such 

services on the basis of demonstrated 

competence... and at fair and reasonable 

prices . ..consistent.with and not higher 

than the published recommended practices 

and fees . ..of the associations and do 

not exceed the maximum provided by any 

state law." 

The money is appropriated as Item 13, of the Water Rights 

Commission appropriation reads (at p. 111-155): 

"For the year Ending 

August 31, 1972 

"13. To the Rio Grande Compact 

Commissioner for payment 

of salaries and other necessary'expenses ,as authorized 

by the Rio Grande Compact 

of 1938, codified as Article 

7466e--1, Vernon's Civil 

Statutes, including $12,000 

for the Commissioner's salary "$51,215" 

The $46,715 appropriated for the fiscal year ending 

August 31. 1973 was vetoed by the Governor. Between the 

present time and until September 1, 1972, the Commissioner 

for Texas on the Rio Grande Compact is the State Officer 

to decide what reasonable salary shall be paid to an engineer 

or other experts he employs, and his decision is subject 

only to the laws of Texas relating to appropriated moneys. 

The, salary appropriated to the Commissioner has no relation 

to this decision by the Compact Commissioner or by the Texas 

Water Rights Commission as to the salary of the engineer. 

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. 

Hon. Louis L. McDaniels, page 3. (M-1010) 

SUMMARY ----e-w 

Item 13 of the appropriation shown at page 

III-155 of the current general appropriation act (Acts 62nd. Leg., R,S. 1971, S.B. 

11, as amended by S.B. 7, 1st C.S., same 

Leg.) may be used for the purpose of paying 

a salary to a Hydrologist I employed by the 

Rio Grande Compact Commissioner in the 

amount of $11,616.00: 

YoTs very truly, 

Attorney General of Texas 

Prepared by Roger Tyler 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Robert Flowers 

John Reeves 

Charles Lind 

Max Flusche 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

i; 

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