R-766 

E-Y 

Ootober 25, 1947 

Hon. L. A. Woods 

State Superintendent 

Depertment of Bduoetion 

Austin, Texes 

Oplnlon Bo. v-414 

Rq: Authority of State 

Superintendent under 

H.B. 295, 50th Leg., 

to employ 8 person 

to aelse repairs to 

iilms,, film strips, 

end'slides 

Deer Sir: 

Reference is made to your letter of August 26, 1947, 

requesting our opinion 8s to whether the Stete Superintendent 

is permitted to hire s person to repair films, film strlpa 

and slides in the Audio Visusl Division (Radio end Visual Education Division) of the Department of Rduoetlon to be psld from 

the epproprietion for this Division Fn Ii. 8. 295, 50th Leglsleture. 

In H. B. 295, 50th Legislature, otherwise known 8s 

the State Aid Bill for the biennium beginning Septembe,r 1, 1947, 

Art. XIII, Sec. 2, provides in part thet out of the'moneg spP 

roprieted for each "school year" of the biennium, the sum of 

125,000.30 is set aside for the Audio Visuel Division of the 

Department of EducstLon. An express restriction upon the use 

of this tppropriation to the Audio Visual Division is made in 

that It . . 

of films, 'film strip and slides. 

shall be used only; for the purchase end repair ,, 

We quote from Art. VI, H. B. 295, Vernon's Texas Session Law Service, 50th Leg., p. 410, ES follows: 

"The State Superintendent of Public Instruction shall employ eighteen (16) Deputy State 

Superintendents and such other employees es may 

be euthorlzed in the Depertmentel Appropriation 

11 for the biennium ending August 31, 1949, 

and shall DSP such salaries as are therein authorized end-expend such other moneys es therein 

permitted out of the appropriation 8s shown for 

the Equellzetion Division of the Department of 

Education and such Deputies and other employees 

shall be used exclusively for the administration 

and supervision of this Act." 
Hon. L. A. Woods - Page 2 (No. V-414) 

The regular departmental appropriation for the 

Department of Education in 3. B. 391 50th Leg., Vernon's 

Texas Session maw Service, et page 841, contains the following paragr8ph: 

"This appropriation shellbe as above 

provided and no other salary or expenditure 

shall be paid for any purpose other than 

those itemized herein." 

Construing the above quoted provisions of the 

law together and in relation to the question you have propounded to us, we believe that it was the Legislature's intent to restrict the number of employees of the Department 

of Education to those itemized in S, B. 391 and that those 

outlined in this Act are the designated ones~to carry out 

the functions of your Department. S.B. 391 being the biennial appropriation act, cannot control a general law, but 

may express a legislative intent as to use of the moneys 

appropriated therein end eny restriction upon the use of 

moneys so appropriated will govern so long as it does not 

run afoul a generel law. The last above quoted p8ragraph 

from 3. B. 391 stands as sn expression of the Legislature 

unfettered by any provision in H.B. 295. 

Art. VI of H.B. 295 is the only provision for 

hiring any person in this Act, with the exceptions of the 

Legislative Accountant from the $30,000 allocation in Art. 

XIII, Sec. 2, and of the employees of the Division of 

Purchasing of the Board of Control from the $25,000 allocation in the 88me Art, XIII, Sec. 2. With regard to the 

$,30,000 allocation in Art. XIII, Sec. 2, the Legislature 

spec~ificallg provided "for the expenses of the Legislative 

Committee, the salsr 

As to the $25,0 d 

of the Legislative Accountant. D . -" 

ocation the Legislature provided (p* 

416, Vernon's Texas Session Law Service, 50th Leg.) "The 

Board of Control may expend such amounts for salaries, 

maintenance, e . ." 

No provision is found in Ii. B. 295 pertaining to 

the payment of salaries from~the $125,000 allocation to the 

Audio Visual Division. The repair work contemplated in H.B. 

295 may be accomplished on a contract basis with a private 

concern or parties on whatever terms most suitable and economical to the State's interest as you think best. 
Hon. L. A. Woods - Page 3 (Ro. V-414) 

We are therefore of the opinion that the State 

Superintendent would not be permitted to employ a person 

for the Audio Visual Division of the Department of Rducak 

tion to repair films and pay his salary from the $125,000 

allocation to the Division in H.B. 295. 

SIJMMARY 

The State Superintendent of~Public Instruction has no authority to employ a person 

for the Audio Visual Division of the Department of Education to repair films, film strips 

and slides as contemplated by H.B. 295, 50th 

Legislature, and pay his salary out of the 

$125,000.00 appropriation contained therein. 

Such work may be done by contract, job-work, 

or methods other than saleried employees. 

Your3 very truly 

JTR/lh 

ATTORNEY GRIVWAL OF TEXA 

BY 

James T. B?ya 

Assistant 

ATTORNEY GRRRRAL