. ” 

THE 

Gerald C. Mann 

Hon. Harry Knox, 

Board of Control 

Austin, Texas 

Dear Sirr 

Chairman Opinion No. o-4024 

Re: Whether subject appropriations must be expended in twelve 

equal monthly amounts. 

1941: 

We quote as follows from your letter of September 23, 

"Statement: You will note that in many of 

the Eleemosynary Institutions an appropriation is 

made to 'Attendants, basis $45 per 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 appropriated and the number of attendants 

or cooks not being stated. 

"In the General Provisions of this Act under 

the head 'Salaries and other General Provisions' 

we have this language: 

"'(a) All annual salaries shall be paid in 

twelve (12) equal monthly installments except as 

otherwise herein provided'. 

"Question: Does the provision providing for 

the payment of salaries in twelve equal payments 

govern the payment of the lump sum amounts for attendants, cooks, etc., to the extent that such lump 

sum amounts must be expended in twelve equal amounts? 

" . . 0 . ,I 

Expressed in another way, the question you have posed 

is whether 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 limitation upon the number of employees which may be employed 

in any one month in the light of the quoted general rider to the 

bill. 

G review of prior appropriation bills for the State 

Eleemosynary Institutions discloses that the Legislature has at 

different times adopted one of two methods of appropriation with 

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 $3 iFi 

(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 $50 per 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 case we have selected an item at random, for 

illustration, from the appropriation to the Abilene State Hospital. 

Whereas an appropriation item "Attendants, ninetyeight, basis $45 per month, none exceeding $55 per month" represents, perhaps, a limitation upon the number of attendants 

which may be employed in any one month, and a corresponding 

limitation upon the amount which 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 Senate Bill 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 purpose here apparent is 

to. make a lump sum appropriation to the institution concerned 

for the purpose described, limited in maximum amount, as to 

the appropriation itself and as to the amount which may be 

paid any particular employee, and leaving the decision of how 

many employees will be needed, and employed, in a particular 

month, to the administration of the particular institution. 

Manifestly the needs of an eieemosynary institution, regarding such personnel, will vary. 

In consequence, it is our opinion that 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 

ATTORNEY GENERAL OF TEXAS 

By /s/ Zollie C. Steakley 

Collie C. Steakley, Assistant 

lipPRoVED SEP 30, 1941 

/s/ Grover Sellers 

FIRST ASSIST!ABT ATTORNEY G3JER:;iL 

APPROVED: OPINION COhMITTEE 

BYt BWB, CliAIBKAk 

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