April 24, 1958 

Honorable A. C. Spencer 

Executive Director 

Texas State Soil Conservation Board 

1112 First National Bank Building 

Temple, Texas 

Opinion No. WW-419 

Re: Authority of the State Soil Conservation Board to compensate Field 

Planning Engineers in an amount in 

excess of the salary schedule of 

other employees of the State Soil 

Dear Mr. Spencer: Conservation Board. 

tion: 

You have requested our opinion on the following ques- 

"For the purpose of fulfilling the responsibilities delegated to the State Soil Conservation 

Board, in Section 3(b) of Senate Bill #l, Acts of 

the Fifty-fifth Legislature, First Called Session, 

may the State Soil Conservation Board pay from unexpended balances for the current biennium (Sept. 

1, 1957 - Aug. 31, 1959) an engineers salary that 

is in excess of salaries paid to other employees 

of the State Soil Conservation Board?" 

Your request for an opinion has been supplemented by 

the following information: 

'IThe two Field Planning Engineers presently 

employed by the State Soil Conservation Board are 

not engineers. They are graduates in the field of 

Agriculture and work with boards of supervisors of 

soil conservation districts in planning programs 

to apply such practices as range management, cover 

cropping and residue management. They also assist 

local districts in organizing local people as well 

as state and federal agencies in carrying out the 

districts program. This position is in no way similar or comparable to the engineer employed to help 

develop a Master Plan for Upstream Flood Prevention 

for Texas. 
Honorable A. C. Spencer, page 2 (WW-419) 

"The employee whose salary is in question iS 

a graduate engineer with 17 years experience in 

planning and constructing upstream flood prevention structures." 

The pertinent provisions of House Bill 133, Acts of 

the Fifty-fifth Legislature, Chapter 385 (General Appropriation 

Act), contain the following appropriation to the Soil Conservation Board: 

"Out of General Revenue Fund: 

"For Salaries, Wages and Per Diem--- 

"1. Board Members, Per Diem ..*... $ 2,500 $ 2,500 

32: 

Executive Director *.0..o.DaOe 7,200 7,200 

Field Planning Engineers, 

NTE $6,300 .0.0*0.0......... 12,600, 

4. Executive Assistant 

12,600 

*...**.0.. 5,400 5,400 

5. Secretary .OeO*OeO.e..O....... 

6. Seasonal and Part-time Help 0a 

39;g 3,;g 

"Total! Salaries, Wages and 

Per Diem oee..oae.e.o.aao.a. $I 32,070 $ 32;070 

I, . 0 e 

"Any unexpended balances in the reappropriations authorized by the Fifty-fourth Legislature, 

of funds and properties to the Soil Conservation 

Districts, are hereby reappropriated for the biennium beginning September 1, 1957, for the purposes provided for under the Soil Conservation 

Statutes." 

Section 3(a) and a portion of Section 3(b) of Chapter 11, Acts of the Fifty-fifth Legislature, First Called 

Session (Water Planning Act of 1957), provides as follows: 

"Set e 3 (a). The Planning Division shall be 

under the supervision and direction of the State 

Board of Water Engineers, and its functions shall 

be: 

"(4) To enter into contracts with federal, 

state and local political subdivisions and agencies including the State Soil Conservation Board 
Honorable A. C. Spencer, page 3 (ww-419) 

and any other persons, firm or corporation for 

topographic mapping, joint investigation and 

research in the field of water and soil resource planning. 

"Sec. 3(b). . . . 

"The State Soil Conservation Board is authorized to appoint a representative to advise 

and work with the Planning Division; the State 

Soil Conservation Board is hereby authorized to 

use any funds heretofore appropriated for use 

during the current biennium ending August 31, 

1959, for the purpose of paying the salary, 

travel expenses and other expenses of the representatives appointed by the Soil Conservation 

Board." 

Under the Water Planning Act of 1957, the Planning 

Division of the State Board of Water Engineers is authorized 

to enter into contracts with the State Soil Conservation 

Board for topographic mapping, joint investigation and research in the field of water and soil resource planning, and 

the State Soil Conservation Board is specifically authorized 

to, expend funds appropriated by the current biennium Appropriation Act for the purpose of paying salaries, travel expenses and other expenses of the representatives appointed by 

the State Soil Conservation Board. 

Items one through six of the appropriation to the 

Soil Conservation Board are made for the purposes of paying 

salaries while the remaining items are appropriated for the 

payment of other expenses. The previous unexpended balance 

is likewise appropriated to the Soil Conservation Board as a 

lump sum. Therefore, it is our opinion that the previous 

unexpended balance appropriated to the Soil Conservation Board 

as a lump sum may be expended for the purpose of paying salaries, travel expense and other expenses of the representatives 

of the Soil Conservation Board. 

Section 8 of Article VI of the General Appropriation 

Act limits the compensation that may be paid employees, providing: 

"Limitations on use of Other Expense funds 

for paying salaries and wages. None of the funds 

appropriated in Article I, II, and III of this act 

in items designated for travel expense, other 

operating expense, for capital outlay or equipment, 
Honorable A. C. Spencer, page 4 (ww-419) 

or for maintenance, miscellaneous and contingent expenses, may be used for paying any 

salaries and wages unless the language of those 

items explicitly authorizes such use0 

"In those instances where the language 

of such items does explicitly authorize the use 

of such funds for paying salaries and wages, 

such employees shall not be paid a larger amount 

than that provided in ther?gular appropriated 

salary items for similar positions in such agency 

of the State. In the event there are no similar 

positions within such agency, then such employees shall not be paid a larger amount than that 

provided for similar work or positions elsewhere 

in the State Government. In the event common 

laborers, skilled laborers, and mechanics cannot 

be obtained at the salary rates indicated in 

this paragraph, then the head of such agency of 

the State may pay for temporary employment only 

at rates not exceeding the prevailing wage scale 

paid in the locality where temporary service is 

to be rendered," 

In view of the provisions above quoted, the salaries 

that may be paid from the lump sum appropriation are limited 

to (1) that provided in the regular appropriated salary items 

for similar positions in such agency of the State and (2) that 

provided for similar positions elsewhere in the S E ate government. 

According to your request, the first limitation is inapplicable for the reason that no similar position exists within the Soil Conservation Board, and you state that the position 

is comparable to the positions set out in Items 5, 8, 9, 14, 

21 and 22 of Section IV of Senate Bill I, Acts of the 55th Legislature, First Called Session, Chapter 11, page 23 (Water 

Planning Act of 1957). The limitations contained in these items 

are $9,000 and $8,600 per annum, depending on the particular 

position. It is, therefore, our opinion that you are authorized 

to set the salary of the representatives appointed by the Soil 

Conservation Board , pursuant to the Water Planning Act of 1957, 

at any sum not to exceed $9,000 or $8,600 per annum, whichever 

is comparable. 
Honorable A, C, Spencer, page 5 W-419) 

SUMMARY 

The Soil Conservation Board is authorized to 

pswthe salaries of representatives appointed by 

the 5oil Conservation Board, pursuant to the 

Water Planning Act of 1957, at any sum not to 

exceed the salaries authorized by the Water 

Planning Act of 1957 for similar positions. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:pf:wb 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

B. H. Timmins, Jr0 

Mary K, Wall 

W. E. Allen 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: W, V, Geppert,