April 25, 1962
Mr. W. W. Jackson Onlnion No. WW-1321
Ch&rman-
State Board of Education Re: Whether the State Board
Austin, Texas of Education has the
authority to establish
and pay salary supple-
mentations from certain
special funds to personnel
In positions not classified
under the provisions of
H. B. 189, Acts of the
Dear Mr. Jackson: 57th Legislature.
You have requested an opinion from this office upon
the question of:
11
. a . does the State Board of Education
have the authority to establish and pay a supple-
mentation to the salaries of the Commissloner of
Education, Deputy Commissioner of Education and
certain of the Assistant Commissioners of Education
from Federal Funds received by the State Eoard of
Education under the Vocational Education Act of
1946, Public flaw 586, 79th Congress, and the
National Defense Education Act, Public Law 85-
864, Titles III, V, and X when the contract under
which each of these funds are paid to the State
Board of Education specifically provide for the
supplementation of salaries?"
House Bill 468, Acts of the 57th Legislature, Regular
Session, 1961, Chapter 468, page 1052, codified as Article 2654-
3b, Vernon's Civil Statutes, provides in Section 5 thereof that:
"The State Board of Education shall be respon-
sible for maintaining State programs and activities
designed to bring about Improvement in the public
schools. In discharging this responsibility, the
Board Is authorized to enter into contracts for
arants from both aublic and urlvate organizations
and to expend such funds for-the
and in accordance with the terms
with the contracting agency." (ti
Senate Bill 1, Acts of tne 5'7thJ,egislatlAre,
First
Callei;Session, 1961, the General Appropriations Bil.1,provides
in Article IV In the departmental appropriation to the Central
‘:i!ucation
Agellcythat:
“The proper officer or o!Yi’icers
of the Central
Li;I.icatior1
Agency are hereby authorized,to make ap-
plication for and accept any other gifts, grants or
allotments from the United States Goveri.mentor
other sources to be used on coogerat%ve and other
projects and programs 1n Texas. Ar;ysuch Federal
and other funds as may 'bedepositel,In the State
Treasury are hereby appropriated to the specif’ic
nuruoses authorized bs the Federal Government and
bther contracting organizations, grrtlie Ztate
Board of klucation is authorized to exznd the,;e
f'ur!ds
in accordance with the terms of the cont:zct
with the contracting agent.‘” (Emphas!.sam
Your letter states that contracts with the Federal
Government which govern the expenditure of Federal funds in
r:L:chareas as Vocational Education, Guidance and Testing, Im-
proving Instruction in Mathematics, Science and Modern Ianguages
and for the Improvement of Statistical Services contain specific
provisions for the payment of supplementations to salaries in
i;uchamounts as are authorized by the State Board o~i'Education.
Illustrative of this point is the provision in the contract
between the TJnitedStates Government and the Texas Central Kduca-
tion Agency pertaining to the State Plan for the Strengthening
oi Instruction In Science, Mathematics and Foreign ,!anguages
nnrsuant to the National Defense Education Act, Pubi~icJ,aw,?5-
204, Sections 301-304, Title III, 85th Congress, wh’!,o!?
proYtl!es
that :
"2.9 Identifying and Prorating Expenses
Salary payments and the supplementation ci'
salaries will be in such amounts a,sare de+;eK-?ned
by the State Board of Education. . . .II (E~phasi:;
added]
In view.of the provisions of Section 5 of'Article
26sh-3b and Senate Bill 1, we are of the opinion that the Leg-
islature intended for the funds received by the Central Xucaticn
Agency, .o
Lrom such sou'rcesas public or ;Jr,tvate
orgarr?zation::,
to be expended in the manner and for the reasons set i'o,rtlq
ifi
the contracts entered into between the Central.Educa~t<.on
!&;ehcy
and t,hepublic or private OrganiZatiOn granting slJ?hf”~n!i.i:.
:/her.
such contracts have provisions allowing the :unds to be uc~
I .
_-- --
Mr. W. W. Jackson, page 3 (WW-1321)
for the supplementation of salaries, such as In the previous
illustration, we are of the opinion that the State Board of
Education is authorized to use the granted funds for the
supplementation of salaries.
Supplementation of salaries under similar condltlons
has been u held by this office In Attorney General Opinion No,
O-3879 (19E l), pertaining to the Department of Public Welfare,
and Attorney General Opinion No. O-6735 (1945!, pertaining
to the State Commisslon for the,Blind.
SUMMARY
Pursuant to Article 2654-3b and Senate Bill
1, supplementation of salaries from funds granted
to the Central Education Agency from public and
private organizations is autkorlzed when the con-
tracts between the Central Education Agency and
the public or private organizations granting such
funds provide that such funds may be used for
supplementation of salaries.
Yours very truly,
WILL WILSON
,Attorney-General of Texas
By: Pat Bailey
PB:wb:mkh Assistant
APPROVED:
OPINION COMMITTEE
J. C. Davis, Chairman
Jay Howell
W. 0. Shultz
Charles Lit-id
John Hofmann
REVIEWED FOR THE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.