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OFFICE OF
THE ATTORNEY GENERAL
AUSTIN.TEXAS
PRICE DANIEL
.4TTORNEY GEXERAI. October 7, 1947
State Board of Barber Examiners
202 Brueggerhoff Building
Austin, Texas Opinion No.V-401
_I
Re: Whether salaries can
be paid out of Item 7
in Appropriation Bill
for the State Board
of Barber Examiners
Attention: Mr. L. R. Holder, Secretary
Gentlemen:
You request our opinion as to whetner salaries
may be paid out of ,Item 7 of your Departmental Appropri-
ation for the biennium of 1947-1948. This item which
appears under the neadlng of 94alntenance and MIscellan-
eous” , reads as follows:
“7. Inspectors and other
employees travel ex-
pense, shop rent, of-
rice rent, orrice ex-
pense (stamps, utlli-
ties, stationery, tele-
phone, telegraph, equlp-
ment, etc.), court costs,
pontlnaen$ services-,
bond pre&s, and
consumable supplies..$ 23,ooo.oo S 23 opo.00”
Vol. 6, Vernon’s Texas Session Laws, 50th iegls-
lature, 1947, p. 821. (Emphasis added)
Immediately following this itemization is the
statement that:
“Subject to the limltatlons set forth
in the provisions appearing at the end of
this Act, the foregoing amounts for the
State Board of Barber Examiners are here-
by appropriated . . . .v
States Board of
Barber Examiners, page 2 (V-401)
2,
Paragraph (1411, of Section 2, appearing at
the end of the Act provides:
“S. Contingent Expenses. None of the
funds hereinabove appropriated for ‘contln-
gent expenses’ or ‘maintenance and miscel-
laneous’ shall be used for the payment of
any salaries unless specifically authorlz-
ed to be paid In the Itemization under the
contingent maintenance and miscellaneous
Items hereinabove set out and designated
therein as ‘salaries ( ‘extra help,’ or
‘seasonal labor. I ‘I IP. 938)
It is our oplnion that item 7 of your Appro-
priation Bill is limited by paragraph (14)f, of Sec-
tion 2, and that salaries cannot be paid therefrom.
There is nothing in the itemization of Item No. 7 to
take it out of the category of %aintenance and mis-
cellaneous” . Item 7, Itself, contains the word “con-
tingent”. The word ~‘services’~ following the word con-
tingent must be held to mean services other than the
payment of salaries, in order to harmonize Item 7 with
paragraph (l&)f, of Section 2.
SUMMARY
Item 7 of the current appropriation for
the State Board of Barber Examiners cannot be
used to pay salaries In view of paragraph (14)f
of Section 2 of the Rider to the Departmental
Appropriation Bill. Ch.400, Acts 50th Leg.,
R. S. 1947, pp. 821, 938.
Yours very truly,
Fag Dickson
Fir Assistant
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