Case Information

*1 ? fy- -gg ;,j OFFICE OF THE ATTORNEY GENERAL AUSTIN.TEXAS PRICE DANIEL October 7, 1947 .4TTORNEY GEXERAI.

State Board of Barber Examiners 202 Brueggerhoff Building

Austin, Texas Opinion No.V-401

_I

Re: Whether salaries can be paid out of Item 7 in Appropriation Bill for the State Board of Barber Examiners Attention: Mr. L. R. Holder, Secretary Gentlemen:

You request our opinion as to whetner salaries may be paid out of ,Item 7 of your Departmental Appropri- ation for the biennium of 1947-1948. This item which appears under the neadlng of 94alntenance and MIscellan- eous” , reads as follows:

“7. Inspectors and other

employees travel ex-

pense, shop rent, of-

rice rent, orrice ex-

pense (stamps, utlli-

ties, stationery, tele- phone, telegraph, equlp- ment, etc.), court costs, pontlnaen$ services-,

bond pre&s, and

consumable supplies..$ 23,ooo.oo S 23 opo.00” Vol. 6, Vernon’s Texas Session Laws, 50th iegls- lature, 1947, p. 821. (Emphasis added)

Immediately following this itemization is the statement that:

“Subject to the limltatlons set forth in the provisions appearing at the end of this Act, the foregoing amounts for the State Board of Barber Examiners are here- by appropriated . . . .v

States Board of

Barber Examiners, page 2 (V-401)

2,

Paragraph (1411, of Section 2, appearing at the end of the Act provides:

“S. Contingent Expenses. None of the funds hereinabove appropriated for ‘contln- gent expenses’ or ‘maintenance and miscel- laneous’ shall be used for the payment of any salaries unless specifically authorlz- ed to be paid In the Itemization under the contingent maintenance and miscellaneous Items hereinabove set out and designated therein as ‘salaries ( ‘extra help,’ or ‘seasonal labor. I ‘I IP. 938)

It is our oplnion that item 7 of your Appro- priation Bill is limited by paragraph (14)f, of Sec- tion 2, and that salaries cannot be paid therefrom. There is nothing in the itemization of Item No. 7 to take it out of the category of %aintenance cellaneous” tingent”. and mis-

. Item 7, Itself, contains the word “con- The word ~‘services’~ following the word con- tingent must be held to mean services other than the payment of salaries, in order to harmonize Item 7 with paragraph (l&)f, of Section 2.

SUMMARY Item 7 of the current appropriation for the State Board of Barber Examiners cannot be used to pay salaries In view of paragraph (14)f of Section 2 of the Rider to the Departmental Appropriation Bill. Ch.400, Acts 50th Leg., R. S. 1947, pp. 821, 938.

Yours very truly, Fag Dickson Fir Assistant FD:mw