Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
GlwLD c. MANN *-. .val-L
Honoreble 8. L;. IAW
Presldant, Board of Dirootors
Houston, TXrar
Dear Sir:
We are in norlpt 0
in whioh you nquert our opin
orizad to be pal6 to the Vice
ature, ltemlzea the sal- August 31, 1941 $3,600.00 )E,%00.00 l '&.mlnlstration
(zl'w$(; month8 exoept as #s,ooo.oo SW Prcssldent . . . . . . . , . $S,OOO.OO 363 Vice-Presldw2t and efoou- ~5,500.00 tive assistant . . . . , . $6,600.00 :e ,ooo.oo 364 Secretary to the President ~~,OOO.OO Regfistrar*s orri00 365 Registrar . . . . . . . . . $4,000.00 $4,000,00~ *2 Hon. F. LI. Law, Page 2.
The foregoing itemized 8alarle8 are payable out of the General Revenue Fund of the State.
You state in your letter that ln addition to the above appropriations out of the GeneralReverue ?und the Prerldcnt*s 8alary Is eupplemented out of locel fund8 by the Board or Directors 80 that his total arsual 8alary 18 &2,000.00. The Boar&or Dlreotors al80 8upplemcnte the aalarles of other.snployecs and you desire to be ad- vised whether the !llce-President18 salary may be supplemented so a8 to equal uot more than SO$ of $12,000.00, or whether it 18 Umltcd to SO$ of f8,OOO.OO which i8 the General Revenue ?und appropriation ror the President.
The following provlaions appear In the Educational Appro- - prlatlon Bill, 8. B. No. 255, Acts 46th tiglslature:
-he expenditure of the appropriations herein made- -d authorized whether from the State General Revenue Fund, local Institutional funds or any other receipts and funds whatsoever, except bequests and gilts, shall be subject to the rollowlng provlelon8: . . .
*Subsection (2) Salary Prorlslona. No salary appro- prlated hcrelh shall be supplemented out of student fee funds, dotitory funds, or local funds, except out .ot the Pure Feed Fuud at the Agricultural and Mechanical College or out of funds received the Unlted States Government or its agencies, unless eo'ordcred by the governing board ot,the institution to which euch salary or 8alarlcs apply, at regular meeting with at least a majority of the rem- hero of such present, and auoh order shall be entered In the minutes of the prkeedlngs of said and ehall set forth tully the reason8 therefor. No tull time lnstruotlonel ealary a8 itemized herein shall be adjusted to exceed an amount - above the msxl~ full professor*8 salary a8 herein Itemized appropriated from the General Revenue of the States for the particular institution to which 8ald or salarles~apply, unless the maximum salary is being r$oelred, in which ease euoh adjustment may be.made not to exceed ten per oent above such msxlmum salary 80 received. It 18 rurther provided that oompeneation for correspondence and/or extension teaching as provided herein and compeneation from bequests end gifts, unless 80 llmlted by the donor, shall be excluded from the salary limltatlohs of this paragraph. The rate of the salary peid an employee of any lnetitution named herein for service8 during a summer session *hall not exceed the salary rate paid t&e employee for the ssme or elmilar 8ervlces during the long 8e88ion of that institu- tion. . .
Hon. P. E. law, Page 3
"'S‘jLk3*0t10n (16). The Board of Regents or the University or Texas and the Board of Directors or A. 6 M. College of TCXCS ere hereby expressly author- ized to create a position of rice-president in each of eeld inStitUtion8, lr in the opinion of said Board8 lt 1s advisable to create said position, and fix the salary ior Sam out Or lOOa institutional funds et not exceed- lng eighty (80$) per cent of the salary authorized h&rein for the president of said respective lnstltutlons.'
Authority for the creation of the office of Vice-President is fdund in the General Laws, in Artlola 2613, R.C.S., 1925, which reads ln part as follows:
*The Board OS DlrOCtOrS is charged with the duties and empowered to do and perfom the acts hereinafter set rorth a8 follow8:
"1. The shall, when necessary, appoint the president and proressors of the oollege and such other orfloers as, iror time to tlme, they msy think proper keep the college in SUOOCI88fUi operstion, dnd may time to time abolish any office that 1s in their 4udgment unnc6es8ary.w
Clearly it 18 contemplated thrt General‘Fund approprla- tione for sa&rlee msy be supplemented Worn looal funds upon the properly exercised authority of the governing board. The question re8ol~c8 itself into a determination of what the phrase "salary authorized herein," a8 used in Subsection (16) means. It will be noted that the bill does not llmlt the amount9i,W$ of the salary ltearized therein for the Pr88ldent; the llmitatlon 18 aO$ or the amount authorized. ?&at Ml.ary does thle appropriation bill auth- orize. for the President of A. & I,!. College?
First, it authorize8 &,OOO.OO of hi8 salary as the state'8 part, to be paid out of the General Revenue fund. But that Is only a part of the salary authorized to.be paid the President. The bill further authorize8 the governing board to supplement his salary out of local funds in an amount to bc'detenclned by the board. It could not euccessrully contended that the governing board 18 not auth- orized to fix an additional amount out or local lnstitutlonal funds. The Preeldentte total salary when so tired 18 clearly authorlzcid by H. B. Ho. 225 to the extent o? the full a.mciunt paid. Ir the bill authorlees the governing to pay the Prealdedt )12,000.00, then It would follow that it 18 authorized to pay the Vice-President not to exoeed gO$ of that amount.
Hon. F:Y. &w, Page 4
We oall attention _ to the partloular wordding of 6ubseotion (la) which would apparently +lt+he paymcntot such salary to only one pOSitiOn as vice-prerldent.
Xt 18 our opinion that the Yioe-President of A. &Y. College may be paid a not to exceed @Cfb of the total salary paid the Pnsident tromboth /he General Revenue and the State and local fund8 of the 88hoo1, end such SabCy is not Umlted to 80% of the amunt appropriated as the State.8 part rroa General Revenue.
.TOUrS very truly ATTORREY OEXFiRAL OF TRXAS BY /~/.Cecil.C.~~~=& Approved Oplplon Comittee By:.B.W.B. Ohelrman