Untitled Texas Attorney General Opinion

R*706 Hon. J. M. Falkner, Opinion No. V-340 * Deputy Commissioner, Department of Banking, Re: Amount of Salaries hustin, Texas for the Banking Com- missioner, Deputy Banking Commissioner and DepartmentalEx- aminer under the gen- eral appropriation bill for the bienniue beginning September 1, 1947. Dear Sir: In reply to your request for an opinion up- on the above titled subject matter we beg to advise. Article 342-201 of the Texas Banking Code (Vernon'sCodification)provides that': "The oompensa- tion of the Commissioner (of Banking) shall be fixed by the DepartmentalAppropriationBill, but shall not ex- ceed Seven Thousand Five Hundred Dollars ($7,50OrOO) per annum."' The succeedingarticle fixes the compen- sation of the Deputy Commissioneras that fixed by the DepartmentalAppropriationBill "but shall not exceed Six Thousand Dollars ($6,000.00)per annum," while the next suoceedingarticle makes similar provisions for the DepartmentalExaminer except that the salar "shall not exceed Five Thousand Five Hundred Dollars (ii5 ,500.- 00) per annum," The rider to the appropriationfor the Bank- ing Departm8nt to which you refer contains the follows ing: "There is hereby appropriatedout of the fees and revenues collected by the Banking Department,for each of the ihal years ending August 31, 1948 and August 31, 1949, the sum of Ten Thousand ($lO,OOO.OO)Dollars or so much thereof as may be necessary, over and above the Hon. J. M. Falkner - Page 2 (V-340) figures _- itemized . in this Act to be usea ror tne purpose or purposes specifiedby the M.nance Commission of Texas and subject to the pr.ovis- ions of Article 342-112, Acts 1943, 42th Legislature;page 128, chapter 97, sub-chapter1, Article 12, pro- vided that no part of the appropria- tion hereby made shall be used for the purpose of increasing the salary 'Ofany person occupying the prsltion described in this Aot except upon the writtbn approval of a majority of the members of the Finance Commis- sion of Texas, and the Minutes of the Commission shall set forth in detail the reasons for granting any such in- crease and a certified copy thereof shallnbe filed with the Comptroller l . . It will be seen that the Banking Code, which is a general law of the State, definitelyfixes a maxi- mum salary for the three officers named. The current ap- propriation for the three officers named~is as follows: "2. Banking Commisrioner(SN) $6,108.00,3. Deputy Commissioner(SN), $5,508.00 and 4. DepartmentalExam- iner (SN) $5,34OrOO." VQ~. 6, pa 819, Vernon's Texas Session Laws. These appropriationsmay be supplemented by the Finance Commission out of the $10,000;00appropria- tion, up t0 the Statutorylimit, that is, $7,500.00 for the Commissionerof Banking, 5$6,000.00 for the Deputy Commissioner,and $5,500.00 for the DepartmentalExaminer. The Finance Commission cannot increase the salariesbe- yond the amounts fixed in Articles 342-201, 342-202, and 342-203, V.C.S., for the reason,that a general law ban- not be amended or repealed by an approp8iationbill. Lln- dbn v. Finley, 92 Tex, 454. The ealaries of the State Banklng Comaisaioner,the Deputy Banking COmmis- sioner, and the DepartmentalExaminer may be increased up to but.not above #7,500.00 . Hon. J. Id.Falkner - Page 3 (V-340) $6,000.00 and $5,500.00 respectively by the Finance commission of Texas, upon the written approval of a major- ity of the members of'said Commission, for the years ending August 31, 1948 and August 31, 1949. Vol. 6, Vernon's Texas Session Laws, p. 819; Arts. 342- 201, 342-202, ana 342-203, V. C. S. Yours very truly, ATTORNEY GENERAL OF,TEXAS By LL Ocie Speer/ ' 0S:erc:wb Assistant