Untitled Texas Attorney General Opinion

Ecnorable J. 1%:. Edgar opinion KO. w-1206 Commissioner of Education Texas Education Agency Re: Construction of Subdi- Austin, Texas vision 6b of Section I. of Article 2922-14 as amended in reference to the salary of a part-time principal in two-year high school Dear Dr. Edgar: districts. We are in receipt of your request for opinion on the above captioned question. Prior to amendment Subdivision 6b of Section 1 of Article 2922-14 of Vernon's Civil Statutes provi- ded in part as follows: "b. Principals in Districts Having a Two-Year Accredited High School "Du'c No Pour-Year Accredited High School. "In such a district having nine- teen (19) or fewer classroom teachers the designated classroom teacher who serves as part-time principal shall be paid an additional monthly salary allowance of Pifty Dcilars ($50) per month, and'the annual salary of such part-time principal shali be the monthly base salary plus incre- ments multiplied & twelve (12). The 57th Legislature by Senate Bill No. 1 amended Section 1 of Article 2922-14 "to read hereinafter as foilovis:" As so amended Subdivision 6b of Section 1 of Article 2922-14 r~owreads as follows: "b. The classroom ,teacherwho serves as part-time principal on a camGus to which are assigned seven (7) or more classroom teacher units Honorable J. W. Edgar, page 2 (~~-1206) shall receive an additional salary allowance equal to fifteen (15%) per cent of his salary. The annual salary of a part-time principal shall be the monthly base salary, plus increments multi lied & nine and one-half m*asiszed) Your request informs us that the Nash Indepen- dent School District is operating a two-year high school district, and has more than seven (7) classroom teachers on its campus. The District's contention may be quoted from your letter in part as follows: the phrase 'multiplied by nine and one-half (94)' appearing In Article 2922-14 as amended, as applying to allocations for part-time principals of accredited two-year high school situations for the reason that the prior law specifically provided for twelve month part-time principals and the amendatory law did not clearly repeal the special treatment, $hus creating ambiguity in the law. The Court in International & G. N. Rv. Co. v. Bland, 181 S.W.2d 504, 506 (Civ.App. 1915) states: "It is a well-known rule of construction that when the Legis- lature amends an article of the Revised Statutes by referring to it by number, and, as in this instance, declaring that it: 'shall hereln- after read as follows:', the article as amended is intended by the Legis- lature to take the place in the Revised Statutes formerly occupied by the superseded article. In fact, the language quoted admits of no other construction. . . .' It therefore follows that the salary of the part-time principal shall be the monthly base salary, plus increments multiplied by nine and one-half (93), as provided in said amendment. Honorable J. W. Edgar, page 3 (~~-1206) SUMMARY Under the terms of Senate Bill No. 1, Acts 57th Leg., 2d C.S., 1961, Subdivision 6b of Section 1 of Article 2922-14 has been amended, and the annual salary of a part- time principal shall be the monthly base salary, plus increments multi- plied by nine and one-half (9&), as provided in said amendment. Yours very truly,, WILL WILSON Attorney General of Texas FDW:lgh Assistant APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Charles R. Llnd Joseph Trimble Pat Bailey Elmer McVey REVIEWED FCR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.