Untitled Texas Attorney General Opinion

THEA~O~VEY GENERAL OF-TEXAS AUSTIN~ 11. TEXAS October 17, 1957 Honorable James A. Turman, Opinion No. WW-282. Acting Executive Director, Texas Youth Council, Re: Can the Comptroller of Austin, Texas Public Accounts approve and Issue warrants cover- ing the payrolls submitted by Institutions under the Texas Youth Council, which include salaries for teach- ers, supervisors and coaches? Dear Mr. Turman: And related questions. Your letter of September 23, 1957, requests an opinion by this office on the following three questions: "1. Can the Comptroller approve and issue warrants covering the payrolls submitted by the Institutions under the Texas Youth Council which include salaries for principals, teachers, supervisors and coaches. "2. If the answer to the above question IS in the affirmative, may the salaries be paid from the appropriation 'For payment of salaries and wages, other operating expenses, including maintenance and repairs and capital outlay for operating the general administration, physical plant, food service, service industries, patient or student treatment and care and education and all other activities for which no other provis- ions are made.' "3. If the answers to the above two ques- tions are ,inthe affirmative, is it necessary to obtain approval of salary rates of principals, supervisors and coaches from the Governor after obtaining the advice of the Legislative Budget Board even though these rates may not be in excess of S.B. No. 116, as amended. (H.B. 133, Article II, Section 2-d)." Honorable James A. Turman, Page 2 (WW-282). We feel that your first question is fully answered by the reasoning of Attorney General's Opinion WW-229 (1957). This opinion Involved the authority of the Board for Texas State Hospitals and Special Schools to employ personnel with the position title of "teachers". The authority of this Agency to employ teachers was sustained, notwithstanding the fact that "teachers" was not listed as an authorized position title in A.,rtA,c;; II of House Bill No. 133, Acts 55th Legislature, Regular 1957, page 918, the latter being the currentBi~ennla1 Appropriation Act. The same provisions of House Bill 133, discussed and set forth in said opinion, which supported the authority of the Board for Texas State Hospitals and Special Schools to employ teachers also support the authority of your agency to employ teachers, principals, supervisors, and coaches. We attach a copy of said opinion and hence do not see the need for,further discussion of Its holding. In answer to your second question, it is our opinion that the salaries of teachers, principals, supervisors and coaches may be paid from the Item in the appropriation, to each of the Institutions and special schools under the jurisdiction of your agency, which reads as follows: "For payment of other salaries and wages and professional fees, travel, other operating expenses including maintenance and repairs and capital outlay for operating the general admin- istration, physical plant, food seTvIce, service industries, patient or student treatment, care and education, and all other activities for which no other provisions are made." See Article II of House Bill 133, Acts 55th Legislature, Chap- ter 85, pages 912 to 917. Your second question is accordingly answered in the affirmative. The answer to your third question concerns the con- struction of that portion of Article II of House Bill 133, at page 925, which reads as follows: "d. Each classroom teacher or teacher ,of exceptional children in each State School or Home specified in this Article shall re- ceive as a minimum salary the classroom or exceptional teacher's monthly salary rate specified in S.B. No. 116, Acts of the 51st Legislature, 1949, as amended. The govern- ing board of each such State School or Home Honorable James A. Turman, Page 3 (wwf~). may recommend salary rates at amounts that will not exceed the salaries for like posi- tions paid In the public schools in the city in which such State School or Home Is located, "However, such recommended salary rates in excess of the minimum amounts speciffed in S.B. 116, as amended, and the salary rates of principals, supervisors, and coaches in the special schools and homes specified in this Article, may not be paid without the advance written approval of the Governor after obtain- ing the advice of the Legislative Budget Board; but such approved rates shall never exceed the rates of pay for like positions paid in the public schools of the city In which the State School or home is located." We think the clear Import of the language used in the second paragraph of the foregoing provision is that the salary rates of principals, supervisors and coaches may not be paid without the advance written approval of the Governor, after obtaining the advice of the LegislatSve Budget Board, even though such salary rates do not exceed the salary rates specified in Senate Bill No. 116, Acts of the 51st Legislature, 1949, as amended. In speaking of this provision in House Bill 133, and other provfsions therein of like Import, Attorney General's Opinion No. w-96 (1957) said: "3o On page II-32, in the second paragraph of Subsection d of Section 2 of Article II of the bill, there is a provision that ccl-taln salary rates must have the written approval of the Governor 'with the advice of the Legislative Budget Board' D If construed as a part of or a condition of approval, thfs would be uneonsti- tutional as it is an attempt to vest an execu- tive power in a jofnt committee of the legis- lative branch in violation of Section 1 of Article II of the Texas Constitution. Attorney General's Opinfon V-l-254 (1951). o II*" The advice of the Legislative Budget Board cannot be a condition precedent to or in any way a condition of approval by the Governor. The main duty and function of the Legislature is to enact laws while one of the main dut%es of the Executive is to put the laws into effect and to supervise their execution Under the doctrine of the separation and division of powers those two functions should be kept separate with a sharp line of demarcation between them. Honorable James A. Turman, Page 4 &w-282). SUMMARY The Comptroller of Public Accounts is authorized to approve and issue war- rants covering the payrolls submitted by the institutions under the Texas Youth Council which include salaries for prin- cipals, teachers, supervisors and coaches. Such salarles are payable from the approp- riation "For payment of salaries and wages . . . and other operating expenses. . . ." Article II of House Bill No, 133, Acts 55th Legislature, Regular Session, page 925, requires the approval of the Governor before the salary rates of principals, supervisors and coaches may be paid, even though such salary rates do not exceed the salary rates specified in Senate Bill No. 116, Acts of the 5lst Legislature, 1949, as amended. Yours very truly, WILL WILSON Attorney General of Texas BY-~'- Leonard Passmore Assistant LP:pf APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman B. H. Timmins, Jr. John B. Webster W. V. Geppert APPROVED FOR THE ATTORNEY GENERAL By: James N. Ludlum.