Mrs. Marie Hudson, Commissioner Opinion No. WW-1470 

Firemen's Pension 

Austin, Texas Re: Whether seasonal help 

can be paid out of appropriation to Firemen's 

Pension Commissioner as 

"currentland recurring 

Dear Mrs. Hudson: expense. 

We quote from your letter requesting an opinion from 

this office as follows: 

"Since the operating budget of this office 

is so very small, our 'office expense' has always 

been lumped into one Appropriation although it 

was, of course, set out individually in our Budget Request. The items covered under office expense are--postage, stationery, supplies, contingent expenses and seasonal help. Our Budget Request 

for September 1, 1961, through August 31, 1963, included a request for seasonal help in the amount 

of $450.00. This amount was appropriated by the 

Legislature. 

"From September 1, 1961 through August 31, 1962, 

we paid seasonal help out of this Appropriation, however, we are now advised by the Comptroller that we 

are not permitted to pay seasonal help out of the office expense fund due to the phrasing of the appropriation 

as it came out in Senate Bill No. 1. 

"We are at a loss to understand why seasonal 

help was paid out of this Fund last year but cannot 

be paid this year. It is our contention that the 

phrase 'current and recurring operating expense' can 

include seasonal help. 

"Will you please give us a ruling on whether or 

not, in your opinion, seasonal help can be paid out 

of this fund as it has for the past 22 years and since 

money for seasonal help was approved by the 57th Legislature." 
Mrs. Marie Hudson, page 2 (WW-1470) 

The important provisions of the Firemen's Pension 

Commissioner's budget request for the fiscal year ending 

August 31, 1963 are listed as follows: 

"Salaries and Wages: 

Commissioner 

Secretary III 

Sub-total, Salaries 

and Wages 

$7,200 

&%- 

"Other Expenses 

Travel Expense 

Seasonal help 

Postage 

Telephone & Telegraph 

Stationary & Printing 

Office Supplies 

1,200 L 450 

22; 

150 

65 

Repairs to Office Equipment 

Office Eauinment--Canital 

15 

- - 

Outlay 

Sub-total, Other Expenses 

Sub-total, Travel & Other 

Expenses 

2r;366 

2,560 

That part of the current appropriations to the Firemen's Pension Commissioner, Senate Bill No. 1, First Called 

Session, 57th Legislature, 1961, most pertinent to our discussion 

provides as follows: 

"Firemen's Pension Commissloner "For the Years Ending 

August 31, 1963 

“Out 

For 

:: 

ofGenera Revenue Fund: 

Salaries and Wages-- 

Commissioner 

Secretary III 

Sub-total, Salaries and 

Wages 

For Other,Expenses 
Mrs. Marie Hudson, page 3 (WWd470) 

3. Travel Expense 1,200 

4. Consumable supplies and 

materials, current and 

recurring operating exI pense (excluding travel 

,expense), and capital outlay 1,350" 

After making an examination of the appropriation to 

the Commissioner for the fiscal year ending August 31, 1963, 

in the light of the budget request for the same period, it 

would appear that the Legislative intent was to include the 

budget request of 'seasonal help' In line item No. 4 of the 

current appropriation to the Firemen's Pension Commissioner as 

"current and recurring operating expense." However, the first 

paragraph of Section 30 of Article V of Senate Bill No. 1 

provides as follows: 

"Sec. 30. LIMITATIONS ON USE OF OTHER EXPENSE 

FUNDS FOR PAYING SALARIES AND WAGES. None of the 

funds appropriated in Articles I, II, and III of 

this Act, or for the Central Education Agency in 

Article IV of this Act, in items designated for 

consumable supplies and materials, current or recurring operating expense or capital outlay may 

be used for paying any salaries and wages unless 

the language of those items explicitly authorizes 

such use. 

11 II 

. . . 

In view of the fact that the payment of salaries to 

seasonal employees is not explicitly authorized in line item 

No. 4 of the current appropriations to the Firemen's Pension 

Commissioner, it is our opinion that such salaries are not 

authorized to be paid. 

SUMMARY 

The limitations on the use of other expense funds 

for paying salaries and wages which are imposed by 

Article V, Section 30, Senate Bill No. 1, First Called 

Session, 57th Legislature, 1961, prohibit the payment 

of seasonal help out of the appropriation to the Firemen's Pension Commissioner as 'current and recurring 
- . 

Mrs. Marie Hudson, page 4 (W-1470) 

operating expense.1 

Sincerely, 

WILL WILSON 

Attorney General of T&as 

1RW:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Joe Trimble 

Milton Richardson 

R.EVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore