THE ,!?lTORNEY GENERAL OF TEXAS
**AUSTIN IS.**  **TEXAS** September 27, 1957

Honorable J. W. Edgar Opinion Wo. WkI-214 Commissionerof Education Texas Education Agency Re: Whether or not the CampAustin, Texas troller of PublicAccounts is justified in refusing to approve the salary of a professional,person hired to be an instructor In the development ofa televisionproject on teacher education and reDear Dr. Edgar: cruitment in this State.

You have requested the opinion of this Department onethe following question: "Whetheror not the Comptrollerof Public Accounts is justified in refusing to approve the salary of a professionalperson hired to be an instructor In the development of a televisionproject on teacher education and recruitment in this State." House Bill 133, 55th Legislature,Regular Session, Article III, Chapter 385, page 973 (biennialappropriation)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 CentralEducation 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 cooperativeand 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 specificpurposes authorized by the Federal Governmentand other contracting organizations,and the State Board of Education Is authorized to expend these funds in accordanceHonorable J. W. Edgar, page 2 (WW-214)

with the terms of the contractwith the contracting agent." (Emphasisadded), 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 developinga televisionproject on teacher education and recruitment in this State. Under this contract Texas Education Agency has contracted for services of a professionalperson as.instructor of the project beginning July 15, 1957,.and terminatingMay 31, 19%'. ,~

We are of the opinion that the limitationwhich is placed upon the number of employees and the maximum salary which they may receive by the salarygrouping In which this specialprofessional instructorwould normally fall, is not applicable to suchpersons who do not fill regularpositions as contemplatedby the salarygroup inwhich they fall. The professionalperson who has been employed to conduct the televisionproject performswork of a specialnature, which is authorizedby the provisions of House~Bill,l33, 55th Legislature,and House Bill 140, 54th Legislature,as implemented by the contractbetween the Agency and the private organization. See Attorney General'sOpInion WW-211.~ We conclude, therefore, that the Com$trollerof Public Accounts is not justified in refusing to,approve the salary of a professionalperson hired to began instructor in the development of a televisionproject on teacher education and recruitment in this State.

SUMMARY
The Comptroller of PublicAccounts is not justified in refusing to,approve the salary ofa professfonal person hired to be an instructor in the development of a televisionpro-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

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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