THEATTORNEYGENERAL OFTEXAS AUSTIN. TEXAS
June 14, 1949
Hon. Robert S. Calvert Comptrollerof Public Accounts Austin, Texas Opinion No. V-845 Re: The legality of paying the 15% supplementalsalary under H:B. 197, 51st Leg- islature,to University of Texas employees who had previouslyhad a salary increase since Sept. 1, 1947. Dear Sir: Your letter requestingan opinion states: "House BillNo. 197 as passed by the resent RegularSession of,the Fifty-First Eegislature~made~a.supplementalappropria- tion to increase the salaries of State offi- cials-and employees whose salaries are pro- vided for in-house Dill~No. 246, Acts of the Begular.Session.of,~theFiftieth Legislature for thenp~eriodbeginning with the effective date of the Act and ending August 31, 1949. "The following'questionshavearisen as to~the use of the moneys appropriatedby Rouse ~Bill~.No.197, supra: l'a. Is the Comptroller legally author- ised to issue a warrant in payment of a claim ~fora~current salary,where~theBoard of Re- gents of the University of Texas has since September 1 1947~and prior to the enactment of House Bill No. 197 increased such salary and where the fifteen percent (15%) increase authoriaed under House Bill No. 197 plus the amount increasedby the Board of Regents ex- Hon. Robert S,,Calvert, Page 2 (v-845)
ceeds $37.50. The $37..50is the maximum a- mount that any.~singl.e.salary.,may be increased by House ~~Bill NO. 197.~forany one month.
"b. Uay themBoard of Regents of the Uni- versity.of.Texas userthe.moneys appropriated by House Bill No,.197, supra, to increase a salary.thatis paid out.of local funds of the University. "C. May the Boardsof Regents of the Uni- versity of Texas use.the moneys appropriated by House Bill No. 197, supra, to create new positions.n H. B. 197 provides in part as follows: Vrovided, however that the supplement herein provided~forshail be based upon the salary,,schedulesin effect on September 1, 1947, at the various higher educationalinsti- tutions covered by House Bill.No. 246, and that,if salarks have been increased since that data, regardlessof the source or sources from which such increase may have been provided, ,theincreaseshare~inallowed and appropriated for shall,be.limited.to the differencebetween ,theschedule herein provided and the increase ineffec,tsubsequent~ to September 1, 1947." Your first question involves,the problem of de- termining ,whetheror not the-above proviso places a lim- citationon the amount individua~,salariesmay be increased by.the Board of Regents of The Unive~rsityof Texas where such increasa.,ispayable out of funds allowed and appro- ,priatedby H. B. 197. Although the,phraseology of this proviso is not clear,.we thinkthat when the proviso is given a literal inter~pretationas.well as when it is con- ..sider.ed in connectionwith other provisions in H. B, 197, there is revealed anyintention of the legislaturenot thereby to limit.indiv~idualsalary,increasesbut rather to limit the aggregateamount authorized to be used by the governing board of~~eachinstitutionto augment sal- aries of~all officialsand employees eligible for an in- ~cre,ase under H. B. 197. Thus co,nstrued, the above proviso has only the Hon. ~RobertS. Calvert, Page 3 (V-845)
following effect: (1) it requires that the schedule of salaries in effect on September 1, 1947, at the insti- tution be used in determiningthe supplementto be made available for the use of the institution (this supple- ment~is anyamount equal to 15%