R*706

Hon. J. M. Falkner, Deputy Commissioner, Department of Banking, hustin, Texas

Dear Sir: Opinion No. V-340 *

Re: Amount of Salaries for the Banking Commissioner,Deputy Banking Commissioner and Departmental

Examiner under the general appropriation bill for the bienniue beginning September 1, 1947.

In reply to your request for an opinionupon the above titled subjectmatter we beg to advise.

Article 342-201 of the Texas Banking Code (Vernon'sCodification) provides that': "The oompensation of the Commissioner (of Banking) shall be fixed by the Departmental

Appropriation

Bill, but shall not exceed Seven Thousand Five Hundred Dollars ($7,50OrOO) per annum."'The succeeding article fixes the compensation of the Deputy Commissioner as that fixed by the DepartmentalAppropriation Bill "but shall not exceed Six Thousand Dollars ($6,000.00) per annum,"while the next suoceeding

article makes similarprovisionsfor the Departmental

Examiner except that the salar "shall not exceed Five Thousand Five Hundred Dollars ( 00) per annum," ii5 ,500.-

The rider to the appropriationfor the Banking Departm8nt to which you refer contains the follows ing:

"There is hereby appropriatedout of the fees and revenues collectedby the Banking Department,for each of the ihal years endingAugust 31, 1948 and August 31, 1949, the sum of Ten Thousand ($lO,OOO.OO)

Dollars or so much thereof
as may be necessary, over and above theHon. J. M. Falkner - Page 2 (V-340)

figures itemized in _- . this Act to be
usea ror tne purpose or purposes specifiedby the M.nance Commission of Texas and subjectto the pr.ovisions of Article 342-112,Acts 1943, 42th Legislature;page 128, chapter 97, sub-chapter1, Article 12, provided that no part of the appropriation hereby made shall be used for the purpose of increasingthe salary 'Of any person occupying the prsltion described in this Aot except upon the writtbn approval of a majority of the members of the Finance Commission of Texas, and the Minutes of the Commission shall set forth in detail the reasons for grantingany such increase and a certifiedcopy thereof shallnbefiled with the Comptroller

l . .

It will be seen that the Banking Code,which is a general law of the State, definitelyfixes a maximum salary for the three officersnamed. The current appropriationfor the three officersnamed~is as follows: "2. Banking Commisrioner (SN) $6,108.00,3. Deputy Commissioner(SN), $5,508.00and 4. DepartmentalExaminer (SN) $5,34OrOO." VQ~. 6, pa 819, Vernon's Texas SessionLaws. These appropriations may be supplemented by the Finance Commissionout of the $10,000;00appropriation, up t0 the Statutorylimit, that is, $7,500.00for the Commissionerof Banking, 5$6,000.00 for the Deputy Commissioner,

and $5,500.00 for the Departmental Examiner. The Finance Commission cannot increase the salariesbeyond the amounts fixed in Articles 342-201, 342-202,and 342-203,V.C.S., for the reason,thata general law bannot be amended or repealedby an approp8iation bill.Llndbn v. Finley, 92 Tex, 454.

The ealaries of the State Banklng Comaisaioner,

the Deputy Banking COmmissioner, and the Departmental Examinermay be increasedup to but.not above#7,500.00. Hon. J. Id. Falkner - Page 3 (V-340)

$6,000.00and $5,500.00respectively by the Finance commissionof Texas, upon the written approval of a majority of the members of' said Commission, for the years ending August 31, 1948 and August 31, 1949. Vol. 6, Vernon's Texas Session Laws, p. 819; Arts. 342- 201, 342-202, ana 342-203,V. C. S.

Yours very truly,

ATTORNEY GENERAL OF,TEXAS

By LL Ocie Speer/ ' Assistant 0S:erc:wb