OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

GlwLD c. MANN 

*-. .val-L 

Honoreble 8. L;. IAW 

Presldant, Board of Dirootors 

Houston, TXrar 

Dear Sir: 

We are in norlpt 0 

in whioh you nquert our opin 

orizad to be pal6 to the Vice 

ature, ltemlzea the sall '&.mlnlstration 

(zl'w$(; month8 exoept as 

SW Prcssldent . . . . . . . , . $S,OOO.OO 

363 Vice-Presldw2t and efooutive assistant . . . . , . $6,600.00 

364 Secretary to the President ~~,OOO.OO 

Regfistrar*s orri00 

365 Registrar . . . . . . . . . $4,000.00 

August 31, 

1941 

$3,600.00 

)E,%00.00 

#s,ooo.oo 

~5,500.00 

:e ,ooo.oo 

$4,000,00~ 
Hon. F. LI. Law, Page 2. 

The foregoing itemized 8alarle8 are payable out of the 

General Revenue Fund of the State. 

You state in your letter that ln addition to the above 

appropriations out of the GeneralReverue ?und the Prerldcnt*s 8alary 

Is eupplemented out of locel fund8 by the Board or Directors 80 that 

his total arsual 8alary 18 &2,000.00. The Boar&or Dlreotors al80 

8upplemcnte the aalarles of other.snployecs and you desire to be advised whether the !llce-President18 salary may be supplemented so a8 to 

equal uot more than SO$ of $12,000.00, or whether it 18 Umltcd to 

SO$ of f8,OOO.OO which i8 the General Revenue ?und appropriation 

ror the President. 

The following provlaions appear In the Educational Appro- - 

prlatlon Bill, 8. B. No. 255, Acts 46th tiglslature: 

-he expenditure of the appropriations herein made- 

-d authorized whether from the State General Revenue Fund, 

local Institutional funds or any other receipts and funds 

whatsoever, except bequests and gilts, shall be subject to 

the rollowlng provlelon8: . . . 

*Subsection (2) Salary Prorlslona. No salary approprlated hcrelh shall be supplemented out of student fee 

funds, dotitory funds, or local funds, except out .ot the 

Pure Feed Fuud at the Agricultural and Mechanical College 

or out of funds received from the Unlted States Government 

or its agencies, unless eo'ordcred by the governing board 

ot,the institution to which euch salary or 8alarlcs apply, 

at a regular meeting with at least a majority of the remhero of such board present, and auoh order shall be entered 

In the minutes of the prkeedlngs of said board and ehall set 

forth tully the reason8 therefor. No tull time lnstruotlonel 

ealary a8 itemized herein shall be adjusted to exceed an amount - 

above the msxl~ full professor*8 salary a8 herein Itemized 

to be appropriated from the General Revenue Fund of the 

States for the particular institution to which 8ald salary or 

salarles~apply, unless the maximum salary is being r$oelred, 

in which ease euoh adjustment may be.made not to exceed ten 

per oent above such msxlmum salary 80 received. It 18 

rurther provided that oompeneation for correspondence and/or 

extension teaching as provided herein and compeneation from 

bequests end gifts, unless 80 llmlted by the donor, shall 

be excluded from the salary limltatlohs of this paragraph. 

The rate of the salary peid an employee of any lnetitution 

named herein for service8 during a summer session *hall not 

exceed the salary rate paid t&e employee for the ssme or 

elmilar 8ervlces during the long 8e88ion of that institution. . . 
Hon. P. E. law, Page 3 

"'S‘jLk3*0t10n (16). The Board of Regents or the 

University or Texas and the Board of Directors or 

A. 6 M. College of TCXCS ere hereby expressly authorized to create a position of rice-president in each of 

eeld inStitUtion8, lr in the opinion of said Board8 lt 

1s advisable to create said position, and fix the salary 

ior Sam out Or lOOa institutional funds et not exceedlng eighty (80$) per cent of the salary authorized h&rein 

for the president of said respective lnstltutlons.' 

Authority for the creation of the office of Vice-President 

is fdund in the General Laws, in Artlola 2613, R.C.S., 1925, which 

reads ln part as follows: 

*The Board OS DlrOCtOrS is charged with the duties 

and empowered to do and perfom the acts hereinafter set 

rorth a8 follow8: 

"1. The board shall, when necessary, appoint the 

president and proressors of the oollege and such other 

orfloers as, iror time to tlme, they msy think proper 

to keep the college in SUOOCI88fUi operstion, dnd may 

from time to time abolish any office that 1s in their 

4udgment unnc6es8ary.w 

Clearly it 18 contemplated thrt General‘Fund approprlatione for sa&rlee msy be supplemented Worn looal funds upon the 

properly exercised authority of the governing board. The question 

re8ol~c8 itself into a determination of what the phrase "salary 

authorized herein," a8 used in Subsection (16) means. It will be 

noted that the bill does not llmlt the amount9i,W$ of the salary 

ltearized therein for the Pr88ldent; the llmitatlon 18 aO$ or the 

amount authorized. ?&at Ml.ary does thle appropriation bill authorize. for the President of A. & I,!. College? 

First, it authorize8 &,OOO.OO of hi8 salary as the state'8 

part, to be paid out of the General Revenue fund. But that Is only 

a part of the salary authorized to.be paid the President. The bill 

further authorize8 the governing board to supplement his salary out 

of local funds in an amount to bc'detenclned by the board. It could 

not be euccessrully contended that the governing board 18 not authorized to fix an additional amount out or local lnstitutlonal funds. 

The Preeldentte total salary when so tired 18 clearly authorlzcid 

by H. B. Ho. 225 to the extent o? the full a.mciunt paid. Ir the bill 

authorlees the governing board to pay the Prealdedt )12,000.00, 

then It would follow that it 18 authorized to pay the Vice-President 

not to exoeed gO$ of that amount. 
We oall attention _ (la) which would apparently 

to the partloular wordding of 6ubseotion 

+lt+he paymcntot such a salary to 

only one pOSitiOn as vice-prerldent. 

Hon. F:Y. &w, Page 4 

Xt 18 our opinion that the Yioe-President of A. &Y. 

College may be paid a salary not to exceed @Cfb of the total salary 

paid the Pnsident tromboth /he General Revenue Fund and the State 

and local fund8 of the 88hoo1, end such SabCy is not Umlted to 

80% of the amunt appropriated as the State.8 part rroa General 

Revenue. 

.TOUrS very truly 

ATTORREY OEXFiRAL OF TRXAS 

BY /~/.Cecil.C.~~~=& 

Approved Oplplon Comittee 

By:.B.W.B. Ohelrman