January 17, 1952
Hon. R.*OQara Lanler, President
Texas Southern University "
Houston 4, Texas opinion MO. v-1388
Re: Length of time a citizen
of Spain may be employed
aS an instructor in Span-
ish, construing the ap-
propriationbill rider
respecting employment of
Dear Sir: aliens.
We refer to your request for an opinion of
this office on the following question:
Are we correct in interpretingthe
phrase "for other than inatrnatlonalser-
vice" appsarin in Section 44, Article V
of House Bill $26, to mean that a time
limit does not obtain in referencetoour
aylng here at Texas Southern University,
an instructor in Spanish, an alien exchange
student at the University of Houston from
Spain?
Sdction 44, Art. V of H.B. 426, Acts 52nd
bf', R.S. 1951, ch. 499, p. 1446, at p. 1476; applic-
ab e to State institutionsof higher learning, provides
a8 follows:
"Employmentof Allens.~ Bo money ehall
be paid out of any appropriationmade herein
for other than instructionaleervices for a
longer period than ninety (90) clays,to any
person who is not a citizen of the United
States unless tituralizatlonproceedingshave
been instituted;provided that this limita-
tion shall not prevent the em loyment POP a
longer period than ninety (90P days of regular
students, who are not citizens, as student
assistants or minor employees in the educa-
tional institutions of this State.
Hoh. R. O%ara Lanier, page 2 (V-1388)
The alien employment or services referred
to in Section 44, 8, ~8x8services "other than
instructionalservices . There is here no ambiguity
necessitatingstatutory construction. Qenerallg,
Section 44 prohibits the expenditure of moneys ap-
propriated in Article V of Rouse Bill 426, su ra
as compensationto an alien employee for serv
-+-ces
in excessof ninety days, "other than instructional
services",where naturalizationproceedingshave not
been institutedin behalf of the alien.
You state that Texas Southern University
has employed an alien as an *instructor"in Spanish;
that he is an exchange student at the University of
Houston from Spain. We agree that Section 44, su ra
does not preclude the use of the appropriations-+-
o
the University in payment for his services for a
period of time which may exceed ninety days.
SDWMARY
Section 44, 'Article'V0f~R.B. 426, Acts
52&l Leg.,R.S. 1951, ch. 499, p. 1446, which
places limitationson the use of approprla-
tlons of State institutions of higher learning
in their employment of aliens in services
"other than Instructionalservices”,expressly
excepts from Its applicationalien employments
Involving instructionalservices.
Yours very truly,
APPROVED: PRICE DARIgL
Attorney General
J. C. Davis, Jr.
County Affairs Division
By4=-r-
Charles D. Mathews
First Asslstant Chester E. Ollison
Assistant
CEO:mh