OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable T. M. Trimble, First Assistant 

Stats Superintendent of Publla Inatruotlo 

Austin, Texas 

Dear slrr 

Vi8 hare.reoel 

in whloh you enclose thr 

County Suporlntemdeuzt or 

on.8 lottu Of Ootobor 

Odtober l3,194l, as 

stlon Is, may we pay $1,200.00 

ant fram the Couaty Admlnistraooordanoe with H. B. 3tr, or Ghapter 

Legislature (provided we pay no 

es iron this fund) and may the kmmlsoart pay her $180.00 in aooordanoe with 

8, Aots &lst Legislature, Regular Sem4on 

without violating either law?' 

2. "Pleaas su plement that letter (above quoted 

letter) by the fo I.! 

. 

owing statement and s6.advlae the 

attorney general. 

YI!hat the part or the salary for the aeeletante 

mentioned in my letter paid in aeoordanoo with Chapter 148, 1s to be paid dlT@Ot by the Oolmoi~alaae~a' 

rENrRAl OR ,IRST 
Honorable TI hf. Trimbls, First Asalstant, page 2 

Court rather than through this offloe. For 

example, the aohools ~111 pay Erln Blbbf 

#1,2CO.O0 tar 104 months and the C~ssloners* 

Court will pay her in aqoordanoa with,the laws 

above , $180.00 for l~mont,hs.W 

That part or ~ouss Bill 364, hots 1941, 47th 

Lsglalature, $R. S. (Artiols 2700-1, Vernon's &UIQtatsd Civil . 

%;ig.), whlsh is pertinent to your lnqulry~ls quoted as 

)I .Ths oompsnsatlon herein provided ror 

shall is'pald monthly upon the order ot the County 

Sohool Trustees; provided that the salary ior the 

month of September shall not be paid until the 

County Supsrlntsndent prsasnt.6 a reoeipt from the 

State Su3srlntsndsnt showing that he has made all 

reports rsqulred or him. The County Supsrlntsndsnt 

with the approval and the OonilllMtlon ot the 

hUnty Board Or Bdusation may SIllplOy a OOm~et6nt 

assistant to the. County Supsrlntsndsnt~at a salary 

not to sxosed Two Thousand Dollar8 (#2,000.00) and 

may alro amploy sush other a8slstants as nsosssary 

provldsd the a 

r 

sgate amount of the salaries of 

suoh other ass &ants shall not sxosed !Ihlrs 

Hundred Dollars ($1200) annually; and the County 

Board or Bdttoatlon may make further provfslons 

an it dssms nsosssary ror orrlos and trarsllng 

sxpsnsss or the County Supsrlntendsnt; prorldsd 

that expenditures ror oftlos and traveling sxpenses or the county Superintendent shall not be 

lesa than Three Hundred Dollars ( 

more than Eight Hundred DoUars.( 0 

300) and not ' 

800) per annum, 

suoh expsnss shall first be proven by atfldavlt 

therefor, and said Board Is hereby authorized to 

fix the salary or suoh aselstants and pay same 

out or the name tunds rmm whloh the-salary and 

sxpenses of the County Superlntsndsnt are pald.W 

Section 2 or Senate Bill 268, Chapter 148, Aots 

l,lst Leg. R. 3. provides a8 follows: 

visa. 2. In making the annual per Oapita 

apportionment to the sshools ot the Counties 

having a population of not 18s~ thka 100,000 
&Q~tarabls T. II. T&able, First Assistant, page 3 

and not aore than 150,000 the Cotity Sohool 

TrUst~er.&&ll also make and annual allouanos 

out of-the state and aoucty Available Fuade 

for the,payment of the sala?y or the Supsrlntwdent of mbllo Instruction not leas than 

$2,&00.00 nor more than 43,ROO.CO ard the 

oommiasioner8.* Oourts or tiie~ couutie~ having 

a papulablon or .not loss than 100,000 aor 

more thaii 150,000 may expend out di ths general 

fund of said oountlss any auma not sxoesdlng 

the sum or $1200 per &mum to defray the 

sxpense8 iar?urrsd by said County Superintendent 

,wh$QhYsal&-sv or any part thereof shall be paid 

by s&id ComPstsslonsre upon certirioete or aald 

Supsrintandent that the expsnsss have been lnsurred 1% the dlsoharee of his duties as suoh 

~~Super1nt.8gd~n0." 

Wthoot pawing upqn the ralldlty or ssnate Bi:l 

268, ws desm it suiiiol+uab -say that it la not ap llrabls to 

the matters about whloh ~~JZ In@re. Sehnate Bill 2 B 8 .dsals 

only rlth the salary and '~x&&&xvI of ,the oounty supsrlntendsnt, 

uhlls you ask about the salaries of ths first a&id ssoond asslstanti to the county s,uperlntandsnf whloh ars fix+ by iioUss 

Bill 364. 

On Septembsr 10, 19&l, this dsparibnt.rsndered 

Oplnlon No. O-3345 to Honorable ?&neat G&Inn, County Attorney 

ot El Faso County, whlah we quote in part 'as fo~lowsr 

*We oonour wlth your opinion that Howe 

Bill No. 361, plaoos au absolute llmltation 

upon the amount that may be paid r0r salul.ss 

or aseletanZ8. The Aot p3.alnl.y provides that 

onb asslatant to the oounty superintendent may 

be paid an annual salary not to sxsesd Two 

Thousand Dollars ($G?OOO). The Aot alao plainly 

provides that aush other assistants as neoeosary 

may be mploysd, but that the a~sgats araowt Or 

the salarlss of euoh other assistants skall not 

exceed the total sum of Tuelre Huadred Dollars 

($1200) aMUtily. It follows that the ilr8t 

assistant may be paid not to SXOSQd 93~0 Thousand 

~0111~s ($2,000) per annum as salary, snd that 

not mope than Twslvc Hundred Dolm8 (gl2O.O) ln 

the aggregate may be sxpsndsd ioF the annul 

. 
Honorable T. M. Trlmble, First Assistant, page 4 

. 

salaries for suoh additional asslstsn:;s as 

may be required and authorized.* 

It follows that both your first and eeoond questions are answerM in the negative. 

You will notide Srom that part oi House Bill 364 

whish wa have quotad that the oompenaation provided therein 

ahall ba paid monthly. ‘K'e am, themerore, of the opinion 

that tha monthly paymant should be ens-twaltth (l/12) or the 

annual salary spsoified therein, and that a payment in exooas 

of suoh amount would be unauthorized. 

We now qpota.rrom Mr. Hinton's aeoond letter 0r 

Ootoby 13, 19JJ.. as rollowsr 

Today the County Board amployed Xisa 

Dorothy Soalfe aI) elementary aupervlaor in this 

county ln aooordanoe with H. B. 364. They em- 

,pluged her for 7 monthr~bsglnnlng Novsmber 1st 

for.7 months at a salary ot 7/9 or $2,000.00 to 

bo paid monthly. That; fs, she was employed for 

7 months to rsoeiva $222.22 per month. Mlea 

Soalre must l ttsnd summer sahool next summsr 

and tharafors Is not &igible to work full t&no 

during the summer months; Plaasr ssoure from 

the Attorney General and wire ii we may employ 

Elss Soaife ror 7 months at 7/90t $2.000.00 

In aooordanoe with the above faots and In aooordanoe wdth B. B. 364. 

-If the Attorney Cansral advises that‘we 

can not amplop Miss Soalfe as above mentioned, 

please ask him for an opinion es to whether they 

may employ her ror 10 months beginning November 

1st and pay her lo/12 of $2000.OC,same to be 

paid monthly but at the same time have it understood with Xlss Sealte that she may attend sohocl 

for 12 weeks during the summer ot 1942." 

Section 2 of house Bill 364 provides as iollOWa: 

WZJZ. 2 Tha dOunty Superlntandant Of Fublio 

Instruction may, with the approval of the County 

Board of Eduoation, employ onoor mars aohool 

supervisors to assist in planning, outlining, 
Honorable T. M. Trimble, FIret Assietant, page 5 

and supervising the work oi the Public Free 

Sohools In the oounty whloh Is under the 

supervision oi~.the County Superintendent of 

Publio Instruotlan,- Said supervisor or 

supervisors ehall at all times work under 

the supervision and direction of the County 

Superintendent of Fublio Instruction, as 

other assistants are raqulred to do, and 

must have evidence ot prorloiencp in rural 

aahool supervlaion and must be the holder of 

at least a Baohelor of SoIenae Degree or 

higher. Suoh supervlcsor or supervisors may 

reoeive a ELary of not to exoeed Twu Thetisand Dollars ($2,000) per annum, to be paid 

out of the sama3unds and in the 8am~ manner 

as that of the Sour&y Superintendent ot Publio Instruotlon and other assistants.* 

. It Ia ,aaen that the salary of the supervisor Ie to 

.A’~ :~, be paid in the, same manner afl that of the oounty suparI.ntendant 

‘:,IzL and other aeslstants; in other words, it is to be payable month- 

::, 1Y. 

Xouse 8111 364 does not require that assistants or 

superviaora be employed ror a opeoifio period or time. It 

merely provides for their empl@ymant and ‘fixe& their maximum 

oompeneatlon. We believe that‘it it Is determined that a 

supervisor Is needed for a period oi time less than a year, 

suoh supervisor may be employad for that period of time. But 

he Ia entitled to a monthly salary of no more than one-twelfth 

(l/12) or $2,000.00, and ho oannot be employed and paid for 

a period of time longer than the time he will act ae eupervleor and perform suoh dutiesr aa suoh. 

It la asked in Mr. HInton’s letter whetihar the 

oounty board may- employ a euperviaor for tau months, beginning 

November 1, 1941, and pay her lo/12 of $2000, with the understanding that she may attend aohoc$ for 12 weeka during the 

summer or 19&2. We assume that ehw.‘would not act as supervisor during the time that ahe attended sohool. 
Honorable T. M. Trlmble, Flrat Assistant, pr?ge 6 

The eighth, ninth, and tenth months oi the oontraot 

would be June, July, and August. The twelve weeks ot eumaer 

soho would include part, ii not all, of June, all or July, 

end part of August, and during this tine she would not be 

acting a0 supervisor. It ie our opinion that under the statute ahe may not be paid for any of the time that she la not 

aoting as su$ervisor. 

i * 

.