Untitled Texas Attorney General Opinion, O-4584

Untitled Texas Attorney General Opinion

O-4584

| Tex. Att'y Gen. | Jul 2, 1942

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*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

HONORBSE C. W. BUTLEY, Jr. MENbER, TEXAS PRISON BOARd CROBKETt, TEXAS

DEAR SIT!

OPINION No. 0-4584 RE: AUTHORITY OF TEXAS PRISON BOARd to ERENTS ADDITIONAL POBITIONS OF "OMPY PHYSICIAN" and "OENTRAT for the TEXAS PRISON SYSTEM"

We have your letter of May 6, 1942, requesting our opinion as to whether the TEXAS PRISON Board has the authority to create the additional positions of OMPY PHYSICIAN and OENTRAT for the PRISON SYSTEM, their salaries to be paid from existing funds heretofore appropriated for the support, operation and maintenance of the TEXAS PRISON SYSTEM. Your letter indicates that you may have in mind that such positions could carry higher salaries than are now paid to the SYSTEM'S physicians and dentist.

Article 6166g. YERMON'S ANNOTATED CIVIL STATutes,

The TEXAS PRISON BOARd, together with the manager hereinafter provided for, shall be vested with the exclusive management and control of the PRISON SYSTEM, and all properties belonging thereto, subject only to the limitations of this Act, and shall be responsible for the management of the affairs of the PRISON SYSTEM and for the proper care, treatment, feeding, clothing and management of the prisoners confined therein."

*2 Hon. C. W. Butler, Jr. - Page 2

Article 6166J, Vernon's Annotated Civil Statutes, provides for the employment of a general manager for the prison system and says that "the duty of such manager shall extend to the employment and discharge, with the approval of the Board, of such persons as may be necessary for the efficient conduct of the prison system."

The appropriation for the operation of Texas Prison System is embodied in the Departmental Appropriation Bill, S. B. 423, Ch. 571, 4th Leg., and is found beginning at page 1214, General and Special Laws, 1941. Therein we find an appropriation (item 13) of $3, 000 p e r a n n u m f o r a " H o s p i t a l P h y s i c i a n ", a n o t h e r (i t e m 17) o f$ 2100 for a "Physician", one of $4500 p e r y e a r (i t e m 12) f o r a M e d i c a l S u p e r v i s o r, w i t h a p a r t m e n t, w a t e r a n d l i g h t s ", a n o t h e r (i t e m 12 a) o f$ 4200 annually for a "Medical Supervisor, with apartment, water and lights (State Farm Industries)", and an appropriation (item 23) of $2400 e a c h y e a r f o r a " D e n t i s t " . W e a l s o f i n d a n a p p r o p r i a t i o n o f$ 406,000 for general support and maintenance and contingent. Page 1226. As a part of the general rider to Senate Bill 423, we find paragraph (15)d, at page 1292, reading:

"Additional Employees' Compensation. When any additional employees, other than those for which specific salary appropriations have herein been made, are employed and are to be paid out of contingent appropriations, such employees shall not be paid a larger amount than that provided in the regular appropriated salaries for aim lar positions in such department or agency, and in the event there are no similar positions within such department, then such additional employees shall not be paid a larger amount than that provided for similar positions in other departments or agencies. In the event laborers, skilled laborers, and mechanics cannot be obtained at the above mentioned salary scale, then the head of such department may pay for temporary employment only not exceeding the prevailing wage scale paid in the locality where the temporary service is to be rendered."

*3 Hon. C. W. Butler, Jr. - Page 3

From the above it is our conclusion that if the Board deems it necessary it may provide the additional positions inquired about, the salaries to be paid out of the $406, 000 a p p r o p r i a t i o n . H o w e v e r, y o u r a t t e n t i o n i s d i r e c t e d t o t h e l i m i t a t i o n s p l a c e d b y s a i d s e c t i o n (15) d o n t h e a m o u n t o f c o m p e n s a t i o n w h i c h m a y b e p a i d t o t h e p e r s o n s a p p o i n t e d t o s u c h p l a c e s o f e m p l o y m e n t . T h e d e n t i s t m a y n o t b e p a i d m o r e t h a n$ 2400.00 per year and the physician not more than the amount itemized, as above set out, for the position to which this one is most similar. This would hold true even if the itemized position should be abolished.

Yours very truly

ATTORNEY GENERAL OF TEXAS

By Glenn R. Lewis

Assistant

GRL:BT

APPROVEDMAY 13, 1942

Zercedh, T

ATTORNEY GENERAL OF TEXAS

APPROVED

OPINION

COMMITTRE

HY ROLY