Case Information
*1 Hon. J. C. Dingwall Opinion No. M-1281 State Highway Engineer
Texas Highway Department He: Whether an employee of the Austin, Texas 78701 Texas Highway Department
occupying one of the Line Item positions covered by Item 2 through 22 in the current Appropriations Act to that Department who re- signs, or is dismissed or is separated from State employ- ment be paid for accumulated vacation time out of either Items 23, 24 or 26 of that appropriation, and related Dear Mr. Dingwall: questions?
Your request for an opinion asks the following questions: "1 . Can an employee occupying one of the Line Item positions covered by Item 2 through Item 22 in the current Highway Department Appropriation, who resigns, is dismissed, or is separated from State employment, be paid for accumulated vacation time at the time of separation, out of funds appro- priated in Item 23 or 24 or 267
"2 . Can a Line Item position which is vacated, as described above, be filled on the following day at the salary for the particular Line Item?"
Items 2 through 22 of the appropriation to the Texas Highway Department contained in the current General Appropriations Act are line item appropriations for salaries of employees of rhe Texas Highway Department.
Items 23, 24 and 26 read as follows: -b287- *2 --
\ Hon. J. C. Dingwall, page 2 (~-1281)
"For the Year Ending August 31, 1973 _------e-w "23. Salaries of Classified
Positions, estimated to be 92,898,207 "24. Hourly Wages and Professional
Fees and Services, estimated
to be 60,839,035 "26. For all other operating ex-
penses involved in establish-
ing, planning, constructing,
and maintaining a system of
State Highways as contemplated
and set forth in Chapter I,
Title 116, Revised Civil
Statutes of Texas, 1925, and
Chapter 186, General Laws,
Thirty-ninth Legislature,
Regular Session, and amendments
thereto, to pay refunds au-
thorized by law, and to pay
court costs in suits involving
the Highway Department, 527,390,091"
estimated to be It was held in Attorney General's Opinion M-1252 (1972) that employees for whom line item appropriations are made may be paid for accumulated vacation time from other salary funds. This holding was reiterated in Attorney General's Opinions M-1279 (1972) and M-1280 (1972).
Item 2 provides for the salary of the State Highway Engineer, and Items 3 through 22 provide for the salaries of various other engineers and departmental directors. The occupants of all of the positions provided for in Items 2 through 22 are employees, not officers. Dunbar v. Brazoria County, 224 S.W.2d 738 (Tex.Civ.App. 1950, error ref.).
Items 23 and 24 are appropriations from other salary funds. Item 26 is not an item of appropriation for salaries.
You are accordingly advised in answer to your first question that an employee occupying one of the line item positions *3 . 3 (M-1281) Hon. J. C. Dingwall, page Item 22 of the appropriation to the
covered by Item 2 through current General Appropriations Act Highway Department in the may be paid for accumulated vacation time at the time of separation out of funds appropriated in Item 23 or Item 24. In answer to your second question, you are advised that where a line item position is vacated, such position may be filled on the following day at the salary provided for in the particular line item appropriation.
SUMMARY An employee occupying a line item position covered by Item 2 through Item 22 of the appro- priation to the Texas Highway Department may be paid for accumulated vacation time at the time of separation out of funds appropriated in Items 23 or 24 of the appropriation to the Highway De- partment. Where a line item position is vacated, such position may be filled the following day at the salary for the particular line item appro- priation.
Att ney General of Texas l? Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
W. E. Allen, Chairman
Bob Flowers
J. C. Davis
Marvin Sentell
Bob Gauss
John Grace
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WRITE
First Assistant