THE ATTORNEY GENERAL
OF -XAS
AUSTIN. TEXAR 78711
CRAWFORD C. MARTIN
September 28, 1972
Hon. Robert S. Calvert Opinion No. M-1227
Comptroller of Public Accounts
State Finance Building Re: Authority to expend monies
Austin, Texas 78774 for positions exempt from
the Position Classification
Dear Mr. Calvert: Plan.
Your recent request for an opinion reads in part as
follows:
"This office has been requested to establish
certain exempt positions under the authority of
Article 6252-11, V.A.T.S.
II
. . .
"In view of Attorney General Opinion Nos.
1141 and 1191, please advise whether this office
is legally authorized to expend monies out of funds
already appropriated for salary for these exempt
positions."
Section 2 of Article 6252-11, Vernon's Civil Statutes,
(Position Classification Act of 1961) provides in part:
"All regular, full-time salaried employments
within the departments and agencies of the State
specified in Article III, and the Central Education
Agency, Deaf and Blind Schools in Article IV, and
all such State employments in positions other than
for Judges, District Attorneys, and Assistant Dis-
trict Attorneys specified in Article I of the bi-
ennial Appropriations Act, shall conform with the
Position Classification Plan hereinafter described
and with the salary rates and provisions of the ap-
plicable Appropriations Act commencing with the
effective date of this Act, with the exceptions and
deferments hereafter provided in this Section.
II
. . .
-6012-
Hon. Robert S. Calvert, page 2 (M-1227)
"Specifically excepted from the Position Classi-
fication Plan hereinafter described are consti-
tutionally named and elective officers and officials;
officers appointed by the Governor; the chief execu-
tive head of any State agency covered by the first
two paragraphs of this Section; teachers in public
schools and special schools of the State, and in
the State colleges, universities, and other agencies
of higher education; research personnel in State
colleges, universities, and other agencies of higher
education: medical doctors; professional services
compensated on a fee basis; hourly employees,
part-time, and temporary employees; and such other
positions in the State Government as have heretofore
been or as may hereafter be excluded from such
Position Classification Plan by executive order
of the Governor or by direction of the Legislature."
(Emphasis added.)
Article 6813b, Vernon's Civil Statutes, provides that
salaries of State employees "shall be in such sums or amounts as
may be provided for by the Legislature in the biennial Appropria-
tions Act."
The General Appropriations Act for the fiscal year be-
ginning September 1, 1972,(S.B. 1, Acts 62nd Leg., 3rd C.S. 1972)
makes appropriations for the payment of salaries of positions
included in the Position Classification Plan, as well as for
positions excluded from the Position Classification Plan. This
is specifically authorized by the provisions of Articles 6252-11
and 681333, Vernon's Civil Statutes, above quoted.
An appropriations bill may detail, limit or restrict
the use of funds therein appropriated, provided such appropriation
does not repeal, modify or amend an existing general law. Attorney
General's Opinion M-1199 (1972), and authorities cited therein.
It is further our opinion that the principles announced
and the holdings in Attorney General's Opinions M-1141 (1972) and
M-1191 (1972) were not applicable to Article 6252-11, since in
those opinions we were concerned with the lack of any valid pre-
existing law to support an appropriation and the lack of any
standard, policy or guideline to support the unauthorized dele-
gation of power. We find within Article 6252-11 the declaration
of legislative policy which may serve to support the delegation
of authority, and the law itself is adequate to support exemptions
found to be justified and ordered by executive order.
-6013-
Hon. Robert S. Calvert, page 3 (M-1227)
As previously noted, the appropriation for salaries of
exempt positions (whether excluded from the Position Classifi-
cation Plan "by executive order of the Governor or by direction
of the Legislature") is specifically authorized by the provisions
of Article 6252-11, Vernon's Civil Statutes. You are therefore
advised that the Comptroller of Public Accounts is legally au-
thorized to expend monies out of funds appropriated for the pay-
ment of salaries of exempt positions.
SUMMARY
The Comptroller of Public Accounts is legally
authorized to expend monies out of funds for the
payment of salaries of positions in State government
which have been exempted from the Position Classi-
fication Plan by executive order of the Governor
or direction of the Legislature, as provided in
Article 6252-11, Vernon's
2iii$k.k*
Atto ey General of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Roland Carlson
William Craig
Pat Bailey
Jim Swearingen
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
-6014-