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 opinion upon the above titled subject matter we beg to advise. 

Article 342-201 of the Texas Banking Code 

(Vernon's Codification) 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 

Departmental Appropriation Bill "but shall not exceed 

Six Thousand Dollars ($6,000.00) per annum," while the 

next suoceeding article makes similar provisions for 

the Departmental Examiner except that the salar "shall 

not exceed Five Thousand Five Hundred Dollars ( 

00) per annum," 

ii5 ,500.- 

The rider to the appropriation for the Banking Departm8nt to which you refer contains the follows 

ing: 

"There is hereby appropriated out 

of the fees and revenues collected by 

the Banking Department, for each of the 

ihal years ending August 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 the 
Hon. J. M. Falkner - Page 2 (V-340) 

figures itemized in 

_- . 

this Act to be 

usea ror tne purpose or purposes 

specified by the M.nance Commission 

of Texas and subject to the pr.ovisions of Article 342-112, Acts 1943, 

42th Legislature;page 128, chapter 

97, sub-chapter 1, Article 12, provided that no part of the appropriation hereby made shall be used for 

the purpose of increasing the 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 granting any such increase and a certified copy thereof 

shallnbe filed with the Comptroller 

l . . 

It will be seen that the Banking Code, which 

is a general law of the State, definitely fixes a maximum salary for the three officers named. The current appropriation for the three officers named~is as follows: 

"2. Banking Commisrioner (SN) $6,108.00, 3. Deputy 

Commissioner(SN), $5,508.00 and 4. Departmental Examiner (SN) $5,34OrOO." VQ~. 6, pa 819, Vernon's Texas 

Session Laws. These appropriations may be supplemented 

by the Finance Commission out of the $10,000;00 appropriation, up t0 the Statutory limit, that is, $7,500.00 for 

the Commissioner of Banking, 5$6,000.00 for the Deputy 

Commissioner, and $5,500.00 for the Departmental Examiner. 

The Finance Commission cannot increase the salaries beyond the amounts fixed in Articles 342-201, 342-202, and 

342-203, V.C.S., for the reason,that a general law bannot be amended or repealed by an approp8iation bill. Llndbn v. Finley, 92 Tex, 454. 

The ealaries of the State Banklng 

Comaisaioner, the Deputy Banking COmmissioner, and the Departmental Examiner may 

be increased up to but.not above #7,500.00 
. 

Hon. J. Id. Falkner - Page 3 (V-340) 

$6,000.00 and $5,500.00 respectively 

by the Finance commission of 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/ ' 

0S:erc:wb Assistant