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THE

Gerald C. Mann

Hon. Harry Knox, Board of Control Austin,Texas Dear Sirr Chairman OpinionNo. o-4024 Re: Whether subject appropriations must be expended in twelve equalmonthly amounts.

1941: We quote as follows from your letter of September 23, of "Statement: Youwill note that in many the Eleemosynary Institutions an appropriation is made to 'Attendants,basis 

### $45per month, none to exceed $55'

per month', and then an amount is stated. This is true of cooks and other employees, a lump sum being appropriatedand the number of attendants or cooks not being stated. "In the GeneralProvisions of this Act under the head 'Salariesand other General Provisions' we have this language: "'(a) All annual salaries shall be paid in twelve (12) equalmonthly installments except as otherwiseherein provided'. "Question: Does the provisionproviding for the payment of salaries in twelve equalpayments govern the payment of the lump sum amounts for attendants, cooks, etc., to the extent that such lump sum amountsmust be expended in twelve equal amounts? ". ,I

. 0
. Expressed in anotherway, the questionyou have posed iswhether appropriation items of the type described, appearing in Senate Bill No. 402, Acts of the 47th Legislature, the appropriation bill for the Eleemosynary Institutions,represent a limitationupon the number of employeeswhich may be employed in any one month in the light of the quoted general rider to the bill. G review of prior appropriationbills for the State Eleemosynary Institutionsdiscloses that the Legislature has at different times adopted one of two methods of appropriationwith respect to this matter.- .

Hon. Harry Knox, page 2 (O-4024)

In House Bill 169, Acts this particular item reads: of the 43rd Legislature,

'Ui hty basis $3iFi (80)attendants,

per month, none to exceed $45 per month except two (2)not to exceed $50 per month .o~O~O..~.~...~o....~~.$ 34,560.oo $34,560&O." In House Bill 781, Acts of the 44th Legislature, this item reads:

"Attendants,basis $36 oer month. none to exceed $45 per month'except two at to exceed $50per month not - es0.e $ 34,560.oo $34,560.00." 140, Acts of the 45th Legislature, the item

per per the item In Senate Bill No.

reads: "Attendants?basis montn, none to excee!4;55 month *...a...........*.. $ 47,520.OO $47,520.00." In House Bill No. 256, Acts of the 46th Legislature, reads: "Attendants,ninety-eight, ,,. ~_ basis $45 per month, none exceeding $55 per month ...*..e $ 52,290.OO $52,290.00." And Senate Bill No. 402, Acts of the 47th Legislature, contains the item as follows:

"Attendants,basis $45 per month, none to exceed $55 per month.....................$ 53,OOO.OO $53,000.00." In each casewe have selected an item at random, for illustration, from the appropriationto the Abilene State Hospital. Whereas an appropriation item "Attendants,ninetyeight, basis $45 per month, none exceeding $55 per month" represents,perhaps, a limitationupon the number of attendants which may be employed in any onemonth, and a corresponding limitationupon the amountwhich may be expended in any one month, this is not true, in our opinion,with respect to an item unrestricted in number such as appears in SenateBill No. 402 of the 47th Legislature; to wit, "Attendants,basis $45 per month, none to exceed $55 per month".Hon.Harry Knox, page 

### 3 (O-4024)
ihe Legislative intent and purposehere apparent is to. make a lump sum appropriationto the institution concerned for the purpose described, limited inmaximum amount, as to the appropriation itself and as to the amountwhich may be paid any particular employee,and leaving the decision of how many employeeswill be needed, and employed, in a particular month, to the administrationof the particular institution. Manifestly the needs of an eieemosynaryinstitution,regarding such personnel,will vary.

In consequence,it is our opinionthat neither the general rider providing "all annual salaries shall be paid in twelve (12) equal monthly installments except as otherwise herein providedI', nor any other general rider to Senate Bill No. 402, requires the expenditure of the lump sum appropriations involved in twelve equal amounts. Yours very truly ATTORNEYGENERAL OF TEXAS By /s/ Zollie C. Steakley Collie C. Steakley,Assistant lipPRoVED

SEP 30, 

### 1941 /s/ Grover Sellers FIRST ASSIST!ABT

ATTORNEYG3JER:;iL APPROVED:OPINION COhMITTEE BYt BWB, CliAIBKAk 2CS:mp:wb