Untitled Texas Attorney General Opinion

December 3, 1971 Hon. Louis L. Ncpaniels ~Opinion No.M-1010 Executive Director Texas Water Rights Commissi,on Re: Whether the Rio Grande Sam Houston State Office Bldg. ~Compact Commission can Austin, Texas pay a new employee as a Hydrologist I, (Group 17, Step,1) an annual salary of $11,616.00 ; when .ttie'Commissioner of the Rio Grande Corn-~ pact is receiving an Dear Mr. McDaniels: annual salary of $6,000.00 You have.requested ou~ropinion as to whether the Rio Grande Compact Commission can pay a new employee as a Hydsolo- tiet I, (Group 17, Step l).an annual salary of $11,616.00 or other rate deemed bomparable, when the Rio Grande Compact Commissioner,by law can only receive $6,000;00 per year. We assume that your inquiry relates to a person who will be a full-time state enbineer, rather than an indepen- dent contractor, although this isnot controlling; your letter 60 states. This new position must be comparable to the job classification act. ,GeneralAppropriation Act, Pages V-27, 28, Supplement to Senate Journal, S.B. 11, Acts 62nd Leg., R.S., i971, as amended by S.B. 7, 1st C.S. 62nd Leg., 1971. YOU ,also know that'you are authorized to pay less than the amount set forth in a line item or maximum decided upon for a comparable position. Sec. 2a, page V-32, General Appropriation Act, supra. The Rio Grande Compact Commission of Texas has author,ity .to hire an engineer or several engineers subject only to the existence.and conditions of appropriations therefor by the Texas Legislature. Section 41.007, Texas Water Code; General Appropriations Act for fiscal year'september 1, 1971 to August 31, 1972, Item 13,,page 111-155, Senate Journal, supra. He is not to take bids on this employment, but is to hire a -4931- Hon. Louis L. Mcbariiels,page 2. (M-1010) competent engineer. Art. 664-4, V.C.S. as enacted by Acts 62nd Leg., R.S., 1971, Phap. 38, p. 72, effective March 31, 1971. “No state agency,...shall make any con- tract for, or engage the professional services of, any licensed...registered engineer...selected on the basis of com- petitive.bids'...butshall select...such services on the basis of demonstrated competence...and at fair and reasonable prices ...consistent.with and not higher than the published recommended practices and fees...of the associations and do not exceed the maximum provided by any state law." The money is appropriated as Item 13, of the Water Rights Commission appropriation reads (at p. 111-155): "For the year Ending August 31, 1972 "13. To the Rio Grande Compact Commissioner for payment of salaries and other neces- sary'expenses ,as authorized by the Rio Grande Compact of 1938, codified as Article 7466e--1, Vernon's Civil Statutes, including $12,000 for the Commissioner's sala- ry "$51,215" The $46,715 appropriated for the fiscal year ending August 31. 1973 was vetoed by the Governor. Between the present time and until September 1, 1972, the Commissioner for Texas on the Rio Grande Compact is the State Officer to decide what reasonable salary shall be paid to an engineer or other experts he employs, and his decision is subject only to the laws of Texas relating to appropriated moneys. The,salary appropriated to the Commissioner has no relation to this decision by the Compact Commissioner or by the Texas Water Rights Commission as to the salary of the engineer. -4932- . Hon. Louis L. McDaniels, page 3. (M-1010) SUMMARY ----e-w Item 13 of the appropriation shown at page III-155 of the current general appropria- tion act (Acts 62nd. Leg., R,S. 1971, S.B. 11, as amended by S.B. 7, 1st C.S., same Leg.) may be used for the purpose of paying a salary to a Hydrologist I employed by the Rio Grande Compact Commissioner in the amount of $11,616.00: YoTs very truly, Attorney General of Texas i; Prepared by Roger Tyler Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Robert Flowers John Reeves Charles Lind Max Flusche SAM MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -4933,-