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December 15, 1972
db - 19
Honorable Henry Rothell Opinion No.
d@’
M-1280
Administrator
Texas Employment Commission Re: Whether the Commission
Austin, Texas 70778 may pay for the accumulated
vacation leave of line item
employees shown in Items 1
through 8 of the Texas Em-
ployment Commission appro-
priation from Item 9 of the
Texas Employment Commission
Dear Mr. Rothell: appropriation.
your request for an opinion asks the following question:
"1. May the Commission pay for the accumu-
lated vacation leave of line-item employees shown
in Items 1 through 8 of the Texas Employment Com-
mission appropriation from Item 9 of the Texas
Employment Commission appropriation, which pro-
vides: 'For salaries of classified positions,
professional fees and services, part-time and
seasonal help, estimated to be $33,495,370.'?
'(a) If the answer to question 1 is negative,
from what source will the Commission make such
payment?
"(b) If the answer to question 1 is affirma-
tive, may such payment be made on the monthly pay-
roll for the month in which the separations occur?"
Accumulated vacation entitlement is a vested right of
State employees and their estates. Attorney General's Opinions
M-1075 (19721 and M-1252 (1972). It was held in Attorney General'8
Opinion M-1252 (1972) that employees for whom line item appropria-
tions are made may be paid for accumulated time from other salary
funds.
Items 1 through 9 of the appropriation to the Texas
Employment Commission provide:
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r
Hon. Henry Rothell, page 2 (M-12.80)
"For the Year Ending
August 31,
1973
-_-------__
"1. Commissioners (3 at s 85,500
$28,500 each)
2. Administrator 25,500
3. Associate Administrator 24,500
4. Employment Service Director 23,000
5. Unemployment Insurance 23,000
Director
6. Assistant Administrators 42,000
(2 at $21,000 each)
7. General Counsel 21,000
8. Assistant Attorneys General IV 63,000
(3 at $21,000 each)
9. For salaries of classified
positions, professional fees
and services, part-time and
seasonal help, estimated to
be 33,495,370"
In Attorney General's Opinion M-1279 (1972) it was
held that the provisions of Section 7 of Article V of the current
General Appropriations Act relating to "Employees' Vacation and
Leaves" are not applicable to State officials. Since the Com-
missioners are State officials, terminal vacation pay may not be
allowed these officials. Items 2 through 8 are line item appro-
priations for salaries of employees. Therefore payment for ac-
cured vacation time may be paid from other salary funds. Attorney
General's Opinion M-1252 (1972). You are accordingly advised that
such payment may be made from Item 9. Such payment should be sub-
mitted on the monthly payroll for the month in whidh the separation
shall occur. Attorney General's Opinion M-1252 (1972).
SUMMARY
Payment for accrued vacation time for employees
listed in Items 2 through 8 of the appropriation to
the Texas Employment Commission may be paid for out
of Item 9 of the appropriation to the Texas Employ-
ment Commission.
ney General of Tekas
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Hon. Henry Rothell, page 3 (M-1280)
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 WHITE
First Assistant
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