Hon. D. K. Woodward, Jr..

Chairman, The Board of Regents The Universityof Texas Kirby Building Dallas 1, Texas Opinion No. v-1476 Re: Legality of supplementing the'

compensationof the Comptrollerof the Uniyerslty of Texas from Dear Sir: ~,,funds derived from gifts and ',bequeets; You have r,equested an opinion of 'this office concerningthe legality of supplementing the compensation of the Comptrollerof The Universit,y of Texas from funds derived from,giftsand 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 (GeneralApproprlations 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, Jr., page 2 (v-1476) Wbodard, (v-1476)

.’ general provia3.o& Article'V of House The general provia3.o&4f Article'V Bill 426 provides as ~0110~s:

t. ."The expenditureof the appropriations hereln,madeand authorized, whether from the State General Revenue,Fund,local lnstltutlonal funds, or any other reoeipts and funds whatsoever,exceptbequests and gifts, shall be subjectto the .f,o:&low~ng pro~vfti~ons

: II

. . s i'gec. 24. Addi.tional

Salary Payments. No institutionof 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.'"(Emphasisadded.) Clearly.theLegialetureIntended 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 GeneralADdroDriation Bill orovides that "no institutionof higher-education s‘hall pay In excess of the salary rates specified for the Itemized positions In this Article,:"

it ~has no applicationto 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 Univeraltyund,&r its implied powers other.thapthose establ,ished for professorships or scholarships

under the provisionsof Article 2595, V.C.S.~ Therefore,~ assumingthat these funds-arenot restricted,by.the.'donors for a particularpurpose, it is our dpinion'thatthe salary of the'Comptroller may be supplemerited

by the Boirrd

of. Regents;fromfunds derived through giftslandbequests. 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. (RouseBill 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

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