December 3,1971

Hon. Louis L. Ncpaniels Executive Director ~OpinionNo.M-1010
Texas Water Rights Commissi,on Re: Whether the Rio Grande Sam Houston State Office Bldg. ~CompactCommission 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~ropinion as to whether the Rio Grande Compact Commission canpay 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;00per 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 positionmust be comparable to the job classificationact. ,GeneralAppropriation Act, Pages V-27, 28, Supplement to Senate Journal, S.B. 11,Acts 62nd Leg., R.S., i971, as amendedby S.B. 7, 1st C.S. 62nd Leg., 1971. YOU ,alsoknow that' you are authorized to pay less than the amount set forth in a line item or maximum decided upon for a comparableposition. Sec. 2a, page V-32, General Appropriation Act, supra. The Rio Grande Compact Commission of Texas has author,ity .tohire an engineer or several engineers subject only to the existence.and conditions of appropriationstherefor by the Texas Legislature. Section 41.007,Texas Water Code; General Appropriations Act for fiscalyear'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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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,...shallmake any contract for, or engage the professional services of, any licensed...registered engineer...

selectedon the basis of competitive.bids'...but shall select...such services on the basis of demonstrated competence...

and at fair and reasonable prices

...consistent.withand not higher than the published recommendedpractices and fees

...of the associationsand do not exceed the maximum provided by any state law." The money is appropriatedas Item 13, of the Water Rights Commission appropriationreads (atp. 111-155):
"For the year Ending August 31, 1972 "13.To the Rio Grande Compact Commissioner forpayment of salaries and other necessary'expenses,asauthorized by the Rio Grande Compact of 1938, codified as Article 7466e--1,Vernon's Civil Statutes, including $12,000 for the Commissioner'ssalary "$51,215" The $46,715 appropriated for the fiscalyear ending August 31. 1973was vetoedby 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 reasonablesalary shall be paid to an engineer or other experts he employs, and his decision is subject only to the laws of Texas relating to appropriatedmoneys. The,salary appropriatedto the Commissionerhas no relation to this decision by the Compact Commissioneror by the Texas Water Rights Commission as to the salary of the engineer.

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SUMMARY ----e-w Item 13 of the appropriationshown at page III-155 of the current general appropriation act (Acts62nd. Leg., R,S. 1971, S.B. 11, as amendedby 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 LegalAssistant
ALFRED WALKER Executive Assistant NOLA WHITE First Assistant i;

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