Hon. D. K. Woodward, Jr.. 

Chairman, The Board of Regents 

The University of Texas 

Kirby Building 

Dallas 1, Texas Opinion No. v-1476 

Re: Legality of supplementing the' compensation of 

the Comptroller of the 

Uniyerslty of Texas from 

Dear Sir: 

~,,funds derived from gifts 

and ',bequeets; 

You have r,equested an opinion of 'this office 

concerning the legality of supplementing the compensation of the Comptroller of The Universit,y of Texas from 

funds derived from,gifts and beques,ts. 

., 

'%?3.or'to 1951 the Legls,lature had been making 

lump sum,appropr~&lons to the University of Texas for 

the payment of~s&Sarletj of the ~administrative officers 

of the Universityi 'Howeve,r'ln Hous,e Bil,l 426, Acts 

52nd Leg.$ 1951,~ ch.,499,.p. ,1228 (General Approprlations BiXl)"'the* Lkg$slatu$e itemiz'ed annual stilaries,for 

certain ,~dmini~tr~titre,"of~a'~a~~,.61 .%he/Un1versity, includin 

f+ 

the Comptroller. Ho.use Bill 426 provides at 

page 1 58: 

'"TRR UNIVRRSITYOF TEXAS ,,, .~ 

General A~minis:tration, .S~~ar,ies Only 

- Chancellor (at $17,500 plus 

$1,000 allowance for house 

and utilities......,...... $18.500.00 

1. 

32: 

4. 

5. 

Comptroller......;.........' 

Assistant to Chancellor 

l2;~oo.oo 

(Part-time)............... 

President (with house and 

.."9,200.. 00 

UtflitSes.)............... 15,ooo.oo 

Vite-President ~e~.o*~o~0~.0 12,500.oo 
‘.. 

'Hon. D". K; Wbodard, Wbodard, Jr., page 2 (v-1476) (v-1476) 

.’ 

The general general provia3.o& provia3.o& 4f Article'V Article'V of House 

Bill 426 provides as ~0110~s: 

t. 

."The expenditure of the appropriations 

hereln,made and authorized, whether from 

the State General Revenue,Fund, local lnstltutlonal funds, or any other reoeipts and 

funds whatsoever, exceptbequests and gifts, 

shall be subject to the .f,o:&low~ng pro~vfti~ons : 

II 

. . s 

i'gec. 24. Addi.tional Salary Payments. 

No institution of higher education shall 

pay ti excess of the salary rates specified 

for the Itemized poaitlons In th~is Article, 

excepting only those which are aesignated as 

'part-time.'" (Emphasis added.) 

Clearly.the Legialeture Intended to limit the 

amount of'money that might be ~paid as salaries to these 

full time administrative official6 from funds derived 

from any source except gifts and bequests. Although Section 24 of the General ADdroDriation Bill orovides that 

"no institution of higher-education s‘hall pay In excess 

of the salary rates specified for the Itemized positions 

In this Article,:" it ~has no application to bequests and 

gifts,~ Thebes being specifdkally excepted from its provisions. 

'We have been inf,ormed that,th,ere are funds 

created throughthe acceptance %of g'dffts and bequests by 

the Board of Regents of the Univeralty und,&r its implied 

powers other.thap those establ,ished for professorships 

or scholarships under the provisions of Article 2595, 

V.C.S. ~ Therefore,~ assuming that these funds-are not restricted,by.the.'donors for a particular purpose, it is 

our dpinion'that the salary of the'Comptroller may be 

supplemerited by the Boirrd of. Regents;from funds derived 

through gifts land bequests. 

SUEPMARY 

The salary of‘the'comptroller of the 

Unlvers~ity of Texas may be supplemented by 

the Board of Regents from funds, derived 

through gifts and bequests. (Rouse Bill 426,~ 
Hon. D. K. Woodard,'Jr., page 3 (V-1476) 

Acts 52nd Leg., R-S., 1951, ch. 499, p. 

1228, Article V.) 

Yours very,truly, 

APPROpDs- PRICE DANIEL 

Attorney GeneralJ. C. Davis, Jr. 

County AffaSrs Divfsion / 

Mary K. Wall 

Revfew4ng Assistant 

Charles D. Mathews 

First Assistant 

Assistant 

BA:am i