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

Firemen's Pension Austin, Texas Re: Whether seasonalhelp can be paid out of appropriation to Firemen's PensionCommissioneras "currentlandrecurring Dear Mrs. Hudson: expense.

We quote from your letter requestingan opinion from this office as follows:

"Since the operating budget of this office is so very small, our 'officeexpense'has always been lumped into one Appropriationalthough it was, of course, set out individually in our Budget Request. The items covered under office expense are--postage, stationery, supplies, contingent expenses and seasonalhelp. Our Budget Request for September 1, 1961, throughAugust 31, 1963, included a request for seasonalhelp in the amount of $450.00. This amount was appropriatedby the Legislature. "From September 1, 1961 throughAugust 31, 1962, we paid seasonalhelp out of this Appropriation,however, we are now advisedby the Comptroller that we are not permitted to pay seasonalhelp out of the office expense fund due to the phrasing of the appropriation as it came out in Senate Bill No. 1. "Weare at a loss to understandwhy seasonal help was paid out of this Fund lastyear but cannot be paid thisyear. It is our contention that the phrase 'currentand recurring operating expense' can include seasonalhelp. "Willyou please give us a ruling on whether or not, in your opinion, seasonal help can be paid out of this fundasit has for the past 22 years and since money for seasonalhelp was approved by the 57th Legislature."Mrs. Marie Hudson, page 2 (WW-1470)

The importantprovisions of the Firemen's Pension Commissioner'sbudget request for the fiscalyear ending August 31, 1963 are listed as follows:

"Salariesand Wages: Commissioner Secretary III Sub-total, Salaries

and Wages $7,200



# &%-

"OtherExpenses 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 currentappropriations 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'sPension Commissloner "For the Years Ending August 31, 1963

“Out For

:: ofGenera Revenue Fund: Salaries andWages-- Commissioner Secretary III Sub-total, Salaries and

Wages For Other,ExpensesMrs. Marie Hudson, page 

### 3 (WWd470)

3. Travel Expense 1,200 

### 4. Consumable supplies and materials, current and recurring operating exI pense (excludingtravel

,expense),and capital outlay 

### 1,350" After making an examinationof the appropriation to the Commissionerfor the fiscalyear endingAugust 

### 31, 1963, in the light of the budget request for the same period, it would appear that the Legislative intentwas to include the budget request of 'seasonalhelp' In line item No. 4 of the current appropriation to the Firemen's PensionCommissioneras "currentand recurring operating expense." However, the first paragraph of Section 30 of ArticleV of Senate Bill No. 1 provides as follows:

"Sec. 30. LIMITATIONS ON USE OF OTHER EXPENSE FUNDS FOR PAYING SALARIESAND WAGES. None of the funds appropriated in Articles I, II, and III of this Act, or for the Central EducationAgency in Article IV of this Act, in items designated for consumable suppliesand 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 explicitlyauthorized in line item No. 4 of the current appropriations to the Firemen's Pension Commissioner, it is our opinion that such salariesare not authorized to be paid.

SUMMARY The limitations on the use of other expense funds for paying salariesand wages which are imposedby ArticleV, Section 30, Senate Bill No. 1, First Called Session, 57th Legislature, 1961, prohibit the payment of seasonalhelp out of the appropriation to the Firemen's Pension Commissioneras 'currentand 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