EAY-EXBRNEY GENERAL
OFTE~AS
November 24, 1969
Honorable John Kinross-Wright Opinion No. M-514
Commissioner; Texas Department of
Mental Health & Mental Retardation ,Re: Legality of payment of
Box S, Capitol Station additional compensation
Austin, Texas 78711 to physicians and dentists
pursuant to Article II,
Section 2, Subsection h,
H.B. 2, Acts 61st Leain-
lature, 2nd C.S., under the
Dear Dr. Kinross-Wright:, ' stated circumstances.
,' -
By your recent letter to ~this office you have requested
an opinion as to the.legality .of the payment of the additional
compensation as Lprovided for in Article II,,,Section 2, Subsection
h, Chapter 50, Acts 61st Legislature, 2nd C.S., 1969 (General
Appropriation Act for the biennium ending August 31, 19711, which
reads as follows:
"h . EMPLOYMENT OF PHYSICIANS AND DENTISTS.
In order to acquire and,,retain the employment
of physicians and dentisme Health Depart-
ment and Department of Mental Health and Mental
Retardation and institutions under their control
and management may, upon written authorization
of the Commissioners of the Departments, pay
from funds appropriated by this Act to the De-
partments and Institutions under their control
and manaaement an amount not to exceed $3,000
per annum in addition to the salary rates-
specified in this Act. It is the intent of the
Legislature that this authorization be used g
prevent critical vacancies within the Depart-
ments and Institutions. Copies of the Commis-
sioner's written authorization shall be filed
with the Comptroller prior to payment of this
additional compensation." (Emphasis added.)
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Hon. John Kinross-Wright, page 2(M-514)
You have further informed this office that the required
written authorizations called for in said subsection have been
filed with the Comptroller's office.
It appears that the requirements set forth in the above
subsection have been complied with by you and the language of
the statute is plain; therefore we are of the opinion that the
salary supplements provided for therein are legal. The statute
authorizes the supplement to be paid to physicians and dentists
in any position within the departments and institutions when the
Department determines the supplement is paid to prevent a critical
vacancy and to retain or acquire such employment.
SUMMARY
Salary supplements to acquire and retain the
employment,of physicians and dentists by the
Health.Department and Department of Mental Health
and Mental Retardation as authorized by Article
II, Section 2, Subsection h, Chapter 50, Acts
61st Legislature, 2nd C.S., 1969 (Appropriations)
are legal. ,.A-
C. MARTIN
General of Texas
Prepared by Gordon C. Cass
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Kelton, Vice-Chairman
Howard Fender
Marvin Sentell
James Quick
Jim Swearingen
MEADE F. GRIFFIN
Staff Legal Assistant
NOLA WHITE
First Assistant
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