Untitled Texas Attorney General Opinion

R-766 E-Y Ootober 25, 1947 Hon. L. A. Woods Oplnlon Bo. v-414 State Superintendent Depertment of Bduoetion Rq: Authority of State Austin, Texes Superintendent under H.B. 295, 50th Leg., to employ 8 person to aelserepairs to iilms,,film strips, end'slides Deer Sir: Reference is made to your letter of August 26, 1947, requesting our opinion 8s to whether the Stete Superintendent is permitted to hire s person to repair films, film strlpa and slides in the Audio Visusl Division (Radio end Visual Edu- cation Division) of the Department of Rduoetlon to be psld from the epproprietion for this Division Fn Ii.8. 295, 50th Leglsle- ture. In H. B. 295, 50th Legislature, otherwise known 8s the State Aid Bill for the biennium beginning Septembe,r1, 1947, Art. XIII, Sec. 2, provides in part thet out of the'moneg sp- roprieted for each "school year" of the biennium, the sum of P125,000.30 is set aside for the Audio Visuel Division of the Department of EducstLon. An express restriction upon the use of this tppropriation to the Audio Visual Division is made in that It . . shall be used only;for the purchase end repair ,, of films, 'film strip and slides. We quote from Art. VI, H. B. 295, Vernon's Texas Ses- sion Law Service, 50th Leg., p. 410, ES follows: "The State Superintendent of Public Instruc- tion shall employ eighteen (16) Deputy State Superintendents and such other employees es may be euthorlzed in the Depertmentel Appropriation 11 for the biennium ending August 31, 1949, and shall DSP such salaries as are therein au- thorized end-expend such other moneys es therein permitted out of the appropriation 8s shown for the Equellzetion Division of the Department of Education and such Deputies and other employees shall be used exclusively for the administration and supervision of this Act." Hon. L. A. Woods - Page 2 (No. V-414) The regular departmental appropriation for the Department of Education in 3. B. 391 50th Leg., Vernon's Texas Session maw Service, et page 841, contains the fol- lowing paragr8ph: "This appropriation shellbe as above provided and no other salary or expenditure shall be paid for any purpose other than those itemized herein." Construing the above quoted provisions of the law together and in relation to the question you have pro- pounded to us, we believe that it was the Legislature's in- tent to restrict the number of employees of the Department of Education to those itemized in S, B. 391 and that those outlined in this Act are the designated ones~to carry out the functions of your Department. S.B. 391 being the bi- ennial appropriation act, cannot control a general law, but may express a legislative intent as to use of the moneys appropriated therein end eny restriction upon the use of moneys so appropriated will govern so long as it does not run afoul a generel law. The last above quoted p8ragraph from 3. B. 391 stands as sn expression of the Legislature unfettered by any provision in H.B. 295. Art. VI of H.B. 295 is the only provision for hiring any person in this Act, with the exceptions of the Legislative Accountant from the $30,000 allocation in Art. XIII, Sec. 2, and of the employees of the Division of Purchasing of the Board of Control from the $25,000 alloca- tion in the 88me Art, XIII, Sec. 2. With regard to the $,30,000allocation in Art. XIII, Sec. 2, the Legislature spec~ificallgprovided "for the expenses of the Legislative Committee, the salsr of the Legislative Accountant. D . -" As to the $25,0d ocation the Legislature provided (p* 416, Vernon's Texas Session Law Service, 50th Leg.) "The Board of Control may expend such amounts for salaries, maintenance, e . ." No provision is found in Ii.B. 295 pertaining to the payment of salaries from~the $125,000 allocation to the Audio Visual Division. The repair work contemplated in H.B. 295 may be accomplished on a contract basis with a private concern or parties on whatever terms most suitable and eco- nomical to the State's interest as you think best. Hon. L. A. Woods - Page 3 (Ro. V-414) We are therefore of the opinion that the State Superintendent would not be permitted to employ a person for the Audio Visual Division of the Department of Rducak tion to repair films and pay his salary from the $125,000 allocation to the Division in H.B. 295. SIJMMARY The State Superintendent of~Public In- struction has no authority to employ a person for the Audio Visual Division of the Depart- ment of Education to repair films, film strips and slides as contemplated by H.B. 295, 50th Legislature, and pay his salary out of the $125,000.00 appropriation contained therein. Such work may be done by contract, job-work, or methods other than saleried employees. Your3 very truly ATTORNEY GRIVWAL OF TEXA BY James T. B?ya Assistant JTR/lh ATTORNEY GRRRRAL