THE ,!?lTORNEY GENERAL 

OF TEXAS 

AUSTIN IS. TEXAS 

September 27, 1957 

Honorable J. W. Edgar Opinion Wo. WkI-214 

Commissioner of Education 

Texas Education Agency Re: Whether or not the CampAustin, Texas troller of Public Accounts 

is justified in refusing 

to approve the salary of 

a professional,person 

hired to be an instructor 

In the development ofa 

television project on 

teacher education and reDear Dr. Edgar: cruitment in this State. 

You have requested the opinion of this Department one the 

following question: 

"Whether or not the Comptroller of Public 

Accounts is justified in refusing to approve the 

salary of a professional person hired to be an instructor In the development of a television project 

on teacher education and recruitment in this State." 

House Bill 133, 55th Legislature, Regular Session, 

Article III, Chapter 385, page 973 (biennial appropriation) and 

House Bill 140, 54th Legislature, Regular Session, Article III, 

Chapter 519, page 1433, state in part: 

'IThe proper officer or officers of the 

Texas Central Education Agency are hereby authorized to make application for and accept any 

other gifts, grants or allotments from the United 

States Government or other sources to be used on 

cooperative and other projects and programs in 

TeXaS. Any such Federal and other funds as may 

be deposited in the State Treasury are hereby 

appropriated to the specific purposes authorized 

by the Federal Government and other contracting 

organizations, and the State Board of Education 

Is authorized to expend these funds in accordance 
Honorable J. W. Edgar, page 2 (WW-214) 

with the terms of the contract with the contracting agent." (Emphasis added), 

We are advised that pursuant thereto, a contract 

was made between the Texas Education ,Agency and a private 

organization, Fund for the Advancement of Education, for 

the purpose of developing a television project on teacher 

education and recruitment in this State. Under this contract Texas Education Agency has contracted for services of 

a professional person as.instructor of the project beginning 

July 15, 1957,.and terminating May 31, 19%'. ,~ 

We are of the opinion that the limitation which is 

placed upon the number of employees and the maximum salary 

which they may receive by the salary grouping In which this 

special professional instructor would normally fall, is not 

applicable to such persons who do not fill regular positions 

as contemplated by the salary group in which they fall. The 

professional person who has been employed to conduct the 

television project performs work of a special nature, which 

is authorized by the provisions of House~Bill,l33, 55th Legislature, and House Bill 140, 54th Legislature, as implemented 

by the contract between the Agency and the private organization. See Attorney General'sOpInion WW-211.~ 

We conclude, therefore, that the Com$troller of 

Public Accounts is not justified in refusing to,approve the 

salary of a professional person hired to beg an instructor 

in the development of a television project on teacher education and recruitment in this State. 

SUMMARY 

The Comptroller of Public Accounts 

is not justified in refusing to,approve the salary ofa professfonal 

person hired to be an instructor in 

the development of a television pro- 
Honorable J. W. Edgar, page 3. (WW-214) 

ject on teacher education and recruitment in this State. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

BHT:w&n:zt 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

J. C. Davis, Jr. 

Wayland C. Rivers, Jr. 

John H. Minton, Jr. 

Leonard Passmore 

FZ'VIIXWED FOR THE ATTORNEY GENERAL 

BY: 

James N. Ludlum 

B. H. Timmins, Jr. 

Assistant