R-766



### E-Y

Ootober 

### 25,1947

Hon. L. A.Woods State Superintendent Depertment of Bduoetion Austin, Texes OplnlonBo. 

### v-414 Rq: Authority of State Superintendent under H.B. 

### 295, 50thLeg., 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 AudioVisusl Division (Radioend Visual Education Division) of the Department of Rduoetlon to be psld from the epproprietionfor this Division Fn Ii.8. 295, 50thLeglsleture.
In H. B. 295, 50thLegislature, otherwiseknown 8s the State AidBill for the biennium beginning Septembe,r 1, 

### 1947, Art. XIII, Sec. 2, provides in part thet out of the'moneg spProprieted for each "schoolyear" 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 tppropriationto the Audio Visual Division ismade in that It

. . of films, 'filmstrip and slides.

shallbe used only; for the purchase end repair ,,

We quote from Art.VI, H. B. 295,Vernon's Texas SessionLaw Service, 50thLeg., p. 410, ES follows:

"The State Superintendent of Public Instruction shall employ eighteen (16)Deputy State Superintendentsand 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 othermoneys es therein permitted out of the appropriation 8s shown for the EquellzetionDivision of the Department of Education and such Deputies and other employees shallbe used exclusively for the administration and supervision of this Act."Hon. L. A.Woods - Page 2 (No.V-414)

The regular departmental appropriationfor the Department of Education in 3. B. 391 50thLeg., Vernon's Texas Sessionmaw Service, et page 

### 841,contains the following paragr8ph:

"This appropriation shellbe as above provided and no other salary or expenditure shallbe paid for any purpose other than those itemizedherein." Construing the above quoted provisions of the law together and in relation to the questionyou have propounded to us,we believe that it was theLegislature's intent to restrict the number of employees of the Department of Education to those itemized in S, B. 

### 391and that those outlined in this Act are the designated ones~to carry out the functions ofyour Department. S.B. 

### 391being the biennial appropriationact, cannot control a general law, but may express a legislative intent as to use of the moneys appropriatedtherein end eny restriction upon the use of moneys so appropriatedwill 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 theLegislature unfetteredby any provision in H.B. 295.

Art.VI ofH.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, theLegislature spec~ificallg

provided "for the expenses of theLegislative Committee, the salsr As to the $25,0

d of the Legislative Accountant. D

. -" ocation theLegislature provided (p* 

### 416,Vernon's Texas SessionLaw Service, 50thLeg.) "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 AudioVisual Division. The repairwork contemplated in H.B. 295 may be accomplished on a contractbasis 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 Superintendentwould not be permitted to employ a person for the AudioVisual Division of the Department ofRducak 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~PublicInstructionhas no authority to employ a person for the AudioVisual Division of the Department of Education to repair films, film strips and slides as contemplatedby H.B. 295, 50th Legislature, and pay his salary out of the $125,000.00appropriationcontained 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

ATTORNEYGRRRRAL