Case Information
*1 Honorable George H. Sheppard Opinion No. O-6043 Comptroller of Public Accounts
Austin, Texas Rc: Can salary appropriations for
various Medical School branches as, shown under separate totals, be considered as one total ap- priation for salaries for the purpose of salary changes and substitutions? Dear Sir: dated May 19, 1944, addressed
Your communication, to reads as follows, this department,
“3 page 832, Acts of the Regular Session of the &th Legislature you will find after item 5157, a total appropriation for the Medical Branch of the University, a sum of $510,810.00.
Fkfter Item 165 a total amount for salaries for th,e college of Nursing, $28,750.00. There follows itemized appropriations for salaries for the Hotpit- al for Crippled and Deformed Children and John Scaly Hospital.
s%fter Item #201, you will find a grand total appropriation for the Medical Branch of $994,540.00. “Subsection (2) of the General Rider of the Edu- Bill’, reads’in part as follows: cation Appropriation “The board of regents or directors within their dfscietion and~with good reason, may pay smaller salaries than those itemized herein, and may make such changes and substitutions within the totals for salaries and are authorized to trans- as may be found~necessary, fer items or parts of items.
“Under the provisions of this Rider, can the salary for the various appropriations branches, for the medf- cal school, as shown under separ,ate totals, be considered as one total appropriation for salaries for the purpose of making salary changes and substitutions?” *2 Honorable George H. Sheppard, page 2 Opinion No. O-6043
The next to the last paragraph in your communication, above quoted, is the exact language used in the third paragraph of Subsection (2) of the General Rider to the Education Ap- See Acts of 1943, 48th Legislature, propriation Bill. bottom of page 878. Your attention is directed to the following language contained therein:
II . . . and mav make such chanaes and substltu- tions within the iotals for salaries as may be found necessary,” (Emphasis ours)
The underscored words in the preceding paragraph are clear and explicit, and control our answer to the question sub- mitted. They clearly show that such changes and substitutions must be “within the totals for salaries,” as shown under sepa- Such totals are not to be considered as one total rate totals. appropriation for the purpose of making salary changes and sub- stitutions. the regents may make changes and substl-
For example, tutions and transfer items or parts of items within the total for salaries appropriated for the School of Medicine; but such changes substitutions and transfers cannot’be made at the expense of the School of Medicine and for the benefit of the College of flursing or of John Sealy Hospital or of any other unit of the Medical Branch, and, vice versa. answered in the negative.
Your question is, therefore, We direct your attention to item I75 for $685’,780.00 for “Maintenance, Equipment and Support” of the State Hospital for Crippled and Deformed Children. Also, Item 201 is for $98,400.00 for “General Hospital Personnel and Maintenance” for These items must be deducted from the John Sealy Hospital. totals for said units in which they are included, in order to detennlnc the itemized salary total for each of said unites. It is within the itemized salary total for each unit of th,e Medical Branch that changes, substltutlons and transfers may be made.
Very truly yours, APPROVED: .JmJ 12, 1944
ATTORNEY GENERAL OF TEXAS /s/ G. P. Blackburn By: /s/ L. H. Flewellen
(Acting) Attorney General of Texas Assistant LHF:rt
Approved by Opinion Committee By BWB, Chairman