Honorable Robert S. Calvert Opinion No. M- 779 

Comptroller of Public Accounts 

State of Texas Re: Questions relating to the 

Austin, Texas provisions of Article 

6252-11, Vernon's Civil 

Statutes, and riders in 

the General Appropriations 

Act concerning State employees' position classifiDear Mr. Calvert: cation. 

Your request-for an opinion on the above subject matter 

questions whether the conclusions reached in Attorney General's 

Opinion M-706 (1970) result in the violation of Section 1 of 

Article II of the Constitution of Texas, dealing with the separation of powers between the three branches of government. 

Your request for an opinion also questions whether the 

provisions of Sections le(l), le(2) and lm of Article V of House 

Bill 2, Acts 61st Legislature, 1969, 2nd Called Session, pages 

623, 981, 1009-1010, the General Appropriations Bill, are in 

conflict with the general law. 

In Attorney General's Opinion M-706 (1970) it was held, 

pursuant to the provisions of Article 6252-11, Vernon's Civil 

Statutes (the Position Classification Act of 1961) and the riders 

to the current General Appropriations Act enacted pursuant thereto 

(H.B. 2 supra) that: 

"State employees under the classification 

system may be reclassified downward, without 

change in duty assignment, without a mandatory 

reduction in rate of pay, not to $xceed step 

7 rate of the lower salary group. 

Article 6252-11, Vernon's Civil Statutes, provides in 

part as follows: 

'Sec. 2. All regular, full-time salaried employments within the departments and agencies Of 

the State specified in Article III, and the Central 

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Hon. Robert S. Calvert, page 2 (M-779) 

Education Agency, Deaf and Blind Schools In Article 

IV, and all such State employments in positions 

other than for Judges, District Attorneys, and 

Assistant District Attorneys specified in Article 

I of the biennial Appropriations Act, shall conform with the Position Classification Plan hereinafter described and with the salary rates and 

provisions of the applicable Appropriations Act 

commencing with the effective date of this Act, 

with the exceptions and deferments hereafter provided in this Section. 

11 

. . . 

"Sec. 4. Commencing with the effective date 

of this Act, all regular full-time salaried employments with the exceptions and deferments specified 

hereinabove shall be.made only in conformity with 

the classes of work described in such Position 

Classification Plan, and under the titles authorized by such Plan. The State Auditor shall 

examine or cause to be examined in periodic postaudits of expenditures of State departments and 

agencies, and by such methods as he deems appropriate and adequate, whether employments have 

been made in accordance with the provisions of 

this Act, and shall report the facts as found to 

the Governor, the Comptroller, and the Legislative Audit Committee, 

II 

. . . 

"Sec. 6. . . . 

"When exceptions to or violations of the 

Position Classification Plan or of prescribed 

salary ranges are revealed by personnel audits, 

the Classification Officer shall notify the agency 

head in writing and specify the points of nonconformity or violation. The executive head of 

such agency shall have reasonable opportunity 

to resolve the exception or end the violation by 

reassigning the employee to another position title 

or class consistent with the work actually performed, by changing the employee's title or 

salary rate to conform to the prescribed Classification Plan and salary range, or.by obtaining a' 

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Hon. Robert S. Calvert, page 3 (M-779) 

new class description of work and salary range 

to correct the exception or violation." 

added.) 

(Emphasis 

Pursuant to the provisions of Article 6252-11, the 

Legislature in the General Appropriations Act establishes a 

Position Classification Plan detailing salaries of employees 

in classified positions, detailing classified positions and 

making provisions for reclassifications, specifically requiring 

that such reclassifications shall comply with the requirements 

of the Classification Act. 

You are therefore advised that the provisions of House 

Bill 2, Acts 61s.t Leg., 1969, 2nd C.S., relating to classification 

of State employees do not amend, repeal or modify the provisions of 

Article 6252-11, Vernon's Civil Statutes. On the contrary, the 

provisions of Article 6252-11 constitute the pre-existing law for' 

the classified salaries contained in the General Appropriations 

Act and riders governing their expenditures. 

We will now discuss whether the duties prescribed by 

law for the Position Classification Officer, the State Auditor, 

the Legislative Audit Committee, and other officials charged with 

the duty of prescribing and carrying out the Position Classification 

Plan, violate the provisions of Section 1 of Article II of the Constitution of Texas. 

Section 1 of Article II of the Constitution of Texas provides: 

'Section 1. The powers of the Government 

of the State of Texas shall be divided into three 

distinct departments, each of which shall.be confided to a separate body of magistracy, to wit: 

Those which are Legislative to one; those which 

are Executive to another, and those which are 

Judicial to another; and no person, or collection 

of persons, being of one of these departments, 

shall exercise any power properly attached to 

either of the others, excepk in the instances 

herein expressly permitted. 

A fundamental principle of American constitutional 

jurisprudence is expressed by the above quoted provisions. The 

three departments of government are coordinated with and independent of each other, and none can enlarge, restrict or destroy the 

powers of the other. Lytle v, Halff, 75 Tex. 128, 12 S.W. 610 

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Hon. Robert S. Calvert, page 4 (M-779) 

(1889); Houston Tap Ry. Co. v. Randolph, 24 Tex. 317 (1859). 

This, however, does not vrevent the Legislature from delegating 

to other officials auasi~leaislative and auasi-ludicial oowersl 

S.W.2d 302 (i935); Rail? 

369 s.w12ti b27 (Tex.Sup. 

SUP. 1957). 

i963); 

In view of the foregoing authorities, it is our opinion 

that the duties prescribed by the Legislature on the Position 

Classification Officer, the State Auditor and the Legislative 

Audit Committee by the provisions of Article 6252-11, Vernon's 

Civil Statutes, and the riders in the General Appropriations Act 

relating to the Position Classification Plan constitute lawfully 

delegated powers and are not in violation of Section 1 of Article 

II of the Constitution of Texas. 

SUMMARY 

z, 

X. 

The duties prescribed by the Legislature on 

the Position Classification Officer, the State 

Auditor and the Legislative Audit Committee by the 

provisions of Article 6252-11, Vernon's Civil 

Statutes, and the riders in the General Appropriations Act relating to the Position Classification 

Plan, constitute lawfully delegated powers and are 

not in violation of Section 1 of Article II of the 

Constitution of Texas. 

The riders in the current General Appropriations Act relating to the Position Classification 

Plan for State employees do not amend, modify or 

repeal Article 6252-11, Vernon's Civil Statutes, 

the Position Classification Act of 1961, the preexisting law for the Position Classification Plan 

contained in the General Ap roprfations Act. 

1' 

Ve vi? / truly yzurs, 
Hon. Robert S. Calvert, page 5 (M-779) 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMI'ITEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Houghton Brownlee 

Bob Flowers 

Dick Chote 

Ralph Rash 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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