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.