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oFFiCE OF THE A=Oi?NEY GENERAL dF TEXAS 

+USTlN 

Hmorable L. A. VJoods 

3tate Superintendent 

‘-?anawt.mPnL nr ‘&ucation 

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.oDin; 

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T..’ Mi. Triffible 

&$ii the amunt or . 

1 clay be received 

(rector or Radio and - 

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“1 wmla like to knor? whether the Cmp-. ’ 

troller of %blio Accwnts IS justified in refusilq to npproue the. Sk318ry as .rixaa. here+,.: ..,.,,, _‘. . 

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Hon. I.. A.,Pfoods, Page 2 j ', .~'. 

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"Since 'Lb. Prooto~ has not received his 

salary for the month of April and is in need 

of his money; we requ8st.a rush opinion on. 

. this matter." . 

It is our tUtd6rStEUIdiIIg that no spsoi110 appropria: 

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tlon has been DDE eithsr for the position now held by z&r. 

Proctor or for tho .posltion previously held by him, but that 

ths salaries for both positlons hava been paid fron the approprlation for oontingent expense of the,Radio and Visual Saucation Division of the Departziknt of Rduoation. In the Departmental Appropriation Aot of the 48th Legislature the following 

appropriations are made ior thisDIvIsion: 

-.c Vor the Years 

Eklginning End in& 

September August, 

1, 1943 ,3L 1945. 

."138. Supervisor of malo 

139. 

and speolal 3dwx4tlon ~3,000.00 . $3,OOO,ZO 

Contiment oxcenst3 for 

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Section 15(d) oi the General Provlslons or this 

Appropriation Bet provides as follows: 

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*Additional Employees* Compensation., When any 

additional employocs other than those for whloh speoiiio salary agpropriations have hsrekbeen made, are 

employed and are to be paid out of oontingent appropriations, such employees shall not be paid a larger 

amount than that provided In the regular appropriated 

salaries for eimllar positions in such departsant or 

agsncg, and in the event there are no similar positions vathin such department, then suoh additional 

employaa shall not be Raid a larger amount than that 

provided for stnilar positions in other departments 

or agencies. . .I* .~. 

'It w%ll be noticed tbst under this provision 2Jr. 

Proctor cannot be paid a salary larger thnn that paid~ for 

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IiOn. LA. Woods, Page 3 

.%?imilar positions? within your. department. While we havs 

not been informed as to the poaiticna which may be similar 

.to #at held by Ex. Proctor, we assume that In any event his 

posLtion does not'entail.greater responaibilttles or duties . 

tha$,. does the positlon of the Supervisor of Radio and SpsoLal 

Eduoation, the head ot the Divldion in which I&. Proctor ls 

employed. Since the Supervisor19 salary 13 $3,000.00 per 

year or $250.00 per month, we feel that Mr. Prootorfs salary 

oannot, exceed t;-ls amount. Consequently, you are respectfully 

advised that the Comptroller or Publio Aooounts was justified 

in refusing to approve e salary of $275.00 par month for Sr. 

Procty*s positI+.. 

Trusting that the foregoing fully answers your 

inquikyy we are3 ~_ _ I 

Your5 very,truly 

-. ATTORXEY'G&S?iL & !CZXAS . 

'By,7 Q .A/..-&9 ‘, 

c R. Dz Xoorhead 

. .Aasistant 

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