The General Appropriations Act for fiscal years 1974-1975, (Acts 1973, 63rd Leg., ch. 659, p, 1786 at 2191) states that employees classi- fied in salary groups 2-7 and having five years or more continuous ser- vice shall be paid longevity increases. You ask whether these longevity increases can be paid out of the funds made available to the Department of Public Safety in item 16 of its appropriations for fiscal years 1974-1975. funds to be used for “Federal Grant Financed

Item 16 appropriates Programs. ” Appropriations Act, supra, p. 2026. You advise that the federally financed programs to which item 16 refers provide for the pay- ment of salaries to Department employees classified in salary groups 2-7 and specifically include funds for the payment of longevity increases to them.

The Salary Provisions of the Appropriations Act, at p. 2’191, in §la(l) state that generally longevity.increases are to be paid from those items designated as such. But added to this statement is the following sentence: “In those instances where lump sum appropriations contain salaries, agen- cies may use funds from those items when the designation [sic] longevity are included therein. ” Item 16 is a lump sum appropriation for increases federally financed programs which contain not only salaries but also longe- Therefore, the funds it makes available to the Department vity increases. can be used for payment of the longevityincreases to which employees classi- fied in salary groups 2-7 have become entitled by virtue of five years service or more.

p. 1196 *2 The Honorable Wilson E. Speir, page 2 (H-256)

S’UMMARY Funds appropriated to the Department of Public Safety for “Federal Grant Financed Programs” can be used for the payment of longevity increases if the programs themselves cover the payment of such in- creases.

Very truly yours, JOHN L. HILL Attorney General of Texas DAVID M. KENDALL, Chairman

Opinion Committee

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