March 29, 1962
Honorable J. W. Edgar Opinion No. WW-1293
Commissioner of Education
Texas Education Agency Re: Whether the position of
Austin, Texas Investment Officer and of
Assistant Commissioner for
Vocational Rehabilitation
and Special Education may
be paid an annual salary
rate of $11,000 under the
Dear Dr. Edgar: facts submitted.
Your request for an opinion on the above subject
matter reads as follows:
"In January, 1962, the State Board of
Education completed plans for expanding the
Permanent School Fund Investment Program to
include corporate securites. This expansion
was made to Implement statutes enacted by the
57th Legislature, Regular Session. The position
Investment Officer, at an annual salary of $ll,OOO.,
was established to serve as administrative head
of this program.
"The Board also established the position of
Assistant Commissioner for Vocational Rehabilitation
and Special Education at an annual salary of
$11,000. This position was established to give
direction to five divisions of the Texas Education
Agency that are concerned with services for dls-
abled individuals.
"At the direction of the State Board of
Education a request for approval of these positions
was made to the Classlflcatlon Officer. This
request was made in accordance with House Bill
189, Acts of the 57th Legislature, codified as
Article 6252-11, V. C. S. A copy of this request
to the Classification Officer and a copy of the
descriptions of the jobs are attached. The
Classification Officer with the advice of the
c
Honorable J. W. Edgar, page 2 (WW-1293)
Legislative Audit Committee approved each of
the posltlons enumerated above and assigned
these positions to Salary Group 21.
“At the direction o? the State Board of
Education a request was made to the Governor
for the two positions named above to be excluded
from the Position Classification Plan under the
provlslon of Section 2, House Bill 189, Acts of
the 57th Legislature. In accordance with this
request the Governor excluded each of these
positions from the Position Classification Plan.
Copies of the Instruments affecting these approvals
are attached.
“Mr. Vane Burnett was appointed to fill the
new position, Investment Officer. Mr. Charles
Eskridge was appointed to fill the new position,
Assistant Commissioner for Vocational Rehabilitation
and Special Education.
“The Comptroller of Public Accounts has ref-
used to pay the salary of the Investment Officer
and of the Assistant Commissioner for Vocational
Rehabilitation and Special Education at an annual
salary rate of $11,000.
“Does the Governor under the provision of
House Bill 189, Acts of the 57th Legislature, have
the authority to exclude a job from the Classification
Plan when such a job has previously been classified
and assigned a salary group number by the Classl-
flcation Officer?
“If the answer to the above question is In
the affirmative, does the Comptroller of Public
Accounts have the authority to Issue warrants
from the appropriations to the Texas Central
Education Agency for the payment of salaries
established for these positions at an annual
rate of $11,000 each?”
Honorable J. W. Edgar, page 3 (WW-1293)
Section 2 of House Bill 189, Acts of the 57th
Legislature, Regular Session, Chapter 123, p. 238 (codified
in Vernon's as Article 6252-11, Vernon's Civil Statutes)
excepts from the Position Classlflcatlon Plan such persons
"as may hereafter be excluded from such Position Classification
Plan by executive order of the Governor or by direction of
the Legislature."
Section 5 of House Bill 189 also provides:
II . . .Should any governing board or executive
head of an agency affected by the provisions of
this Act find need for the employment of a person
in a class or kind of work which he believes Is
not described In the Position Classification Plan,
such board or executive head shall notify the
Classification Officer of the facts, and such
Classification Officer shall promptly nrovlde, :
within the llmltatlons of the General Appro- :
priatlons Act and subject to the approval of
the State Auditor after obtaining the advice
of the Legislative Audit Committee, either an
existing or a new class description of work and
a corresponding salary range which will permit
such needed employment. Notification of such
action shall be macje :,o the Cs:1!ptroller of Public
Accounts by the ClaselficatiTn Ofricer. Nothing
in this paragraph or in this Act, however, shall
be so construed as to authorize an increase In the
number of positions or In the amount of appro-
priations as may be set forth for any such agency
in the General Appropriations Act."
Under the facts submitted with you request as
evidenced by letters of Mr. Everett Anschutz, Classification
Officer, dated February 5, 1962, to the Comptroller of Public
Accounts and the approval of the Governor of the exclusion
on February 15 and 16, 1962, It Is our opinion that the
position of Assistant Commissioner of Vocational Rehabilitation
and Special Education and the position of Investment Officer
have been eucl~uded fr>m the Position Classification Plan
pursuant to the above quoted provisions of House Bill 189 of
the 57th Legislature. You are therefore advised that the
. ... .
Honorable J. W. Edgar, page 4 (WW-1293)
Comptroller of Public Accounts has authority to issue warrants
from the appropriation to the Texas Central Education Agency
for the payment of salaries established for these positions
at an annual rate of $11,000 each.
SUMMARY
Where the positions of Investment Officer
and of Assistant Commissioner for Vocational
Rehabilitation and Special Education of the
Central Education Agency has been excluded
from the Position Classification Plan by
executive order of the Governor and by
direction of the Classification Officer
with the approval of the State Auditor,
such positions may be paid an annual
salary in excess of amounts provided
for In the Position Classification Plan.
Yours very truly,
WILL WILSON
Attorney General of Texas
/GG
BF John Reeves
Assistant
JR:kkc
APPROVED:
OPINION COM"TT"'E
W. V. Geppert, Chairman
Howard Mays
Vlrgie Pulliam
Fred Ward
REVIEWED FOR THE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.