this Section.n This provisiondoes not place any limit on the amount each individual~s~salary~may be augmented..1rfstead.i.t gives full authority to the governing~board of tne in- stitutionto~provide equitablesalar supplementswhich shall total in the aggregate as nearIy as possible but notexceed, l#of "all - salaries and portions of & :
Hon. Robert S. Calvert, Page 5 (V-845)
~salaries*up to and including $3,000 for all positions -covered by the Act. There being,no limitation in H. B. 197~on the amount each ~individual'ssalarymay be augmented, but only ,alimitation on the aggregatesamount available to each institutionfor use in supplementingsalaries, it is our op~inionthat.the Comptroller is legally author- ised to issue a warrant in.paymentof a claim for a cur- "rentsalary where the.Board of Regents of The University of Texas has increased such salary s.inceSeptember1, 1947, and prior to~the enactment of H. B. 197, even though the.inc~rease. given.under H. B. 197 plus the prior inc.rease. exceeds $37.50 per month. The Board of Regents may use the moneys appro- priated by H. By.197 to increase a~salary that is paid out of localfunds oftthe University. H. B. 197 pro- vides: "No ~increasesshall begparticipatedin by ,anyof .theState.~,officials or employees on pay- rolls from funds other than State appropria- ,tions,wholly or in part, except that said in- creases may be paid,~.ratably~ from State appro- priated funds and the~balanceof said increases herein provided, if paid..,shall come from such funds other than State appropriations. . . .)( This exception applies only to State officialsand em- ployees whos,esalaries are payable in whole or inrlrt nfrom funds other than State .appropriations." fundsof The,Universityof Texas are "State appropria- tions" and thus do no-tcome within the above exception having been~appropriatedby..Suhse.ction(3) of H. B. 244, which provides in part: "* a 0 all proceeds . . . from the sale of materials, crops and~supplies,from fees, and any and all other rece~ipts~shall become and are ,herebyappropriat~ed as maintenance or contingxt -to under the direction and with the approval of the governing board having ~jurisdiction. .~. . Any balance remaining to the credit of any of said +stitutional local funds at said institution#or i,nthe State YE;:- ury, at the end of any fi cal year is hereb PO riated for the,above mentioned purposes or *ding year." Hone.Robert S. Calvert, Page 6 (V-845)
There.is no authority for the Board of Regents of ~The,Univereityof T,exas~tous~ethe moneys ap ropriated byeH. B. 197 .o.create new poaitians. H. B. 19f states: "It is the genaral purpose of this ap- propriation-toincrease~~the~current salaries of State off.iciala.andState employeeshold- ing positionsaa~of~the affe.ctive date of thia,~Act and who may hold such positions be- tweenne.akeffe.ctivedate and August 31, 1949. . . . Itis evident~fromthis~provisionthat H. B. 197~was~far,the~-purposeroof providing~an increase in sal- aryfor,~only..those~ State~.officialsand employees satis- fying the .followingconditionsof,~employmen~:~(1) they must ~b.e ~holdingsuch position as of the effective date of.the act, u,(2.).they must hold such position between said sffective~datesand August 31, 1949. A person hold- ing a.position created.afterthe effective date of the act could not.satisfy thenfirst condition and thus would not .be~ eligible-forany incr~ease provided by this act.
The Comptrolleria authorizedto issue a warrant