GROVER SELLERS AUSTXX 11.
A
Honorable Geo. H. Sheppard
Comptroller of Public Accounts
Austin, Texas
Dear Mr. Sheppard: Opinion No. o-6985
Re: Whether or not the Unemplog-
ment Compensation Commission
may employ a husband whose
wife is employed by another
State department.
You request our opinion upon the above-captloned
subject matter, as follows:
"Please refer to your Opinion No. 0-6705 and
advise whether the Unemployment Compensation Com-
mission may employ a husband whose wife is emplog-
ed by another State department.
"There is some confusion es to whether the Un-
employment Compensation Commission 1~ controlled by
the rider in the appropriation bill.
In our Opinion No. 0-6705, to which you refer,
we quoted the general provision appended to the
current biennial approprlation for State departments
(Senate Bill 317, Reg. Sess., 49th Legislature) as
follows:
"None of the foregoing appropriations for sal-
aries shall be pala or warrants issued therefor by
the State Comptroller to any employee until the em-
ployee shall have filed with the head of the depart-
ment In which he or she is employed an affFdavit
showing his or her marital status, and if marrted,
whether or not the spouse of such employee Is also
employed in one of the Departments of this State
and the name of the Department where such spouse
is employed, together with the name of such spouse;
the head of such department, In addition to the
statutory affidavit now required to be attached to
all payrolls, shall also set forth Fn the payroll
affidavit that all .of his employees have made the
required affidavit and also set forth the facts of
-.
-.
Honorable Geo. H. Sheppard, page 2 o -6985
any said relationship employment as disclosed
by said employees' affidavit, together with the
name of the department where such spouse is em-
ployed, and if such relationship employment does
not exist then said affidavit shall so state,
and the head of the department and the State
Comptroller shall not approve for payment or is-
sue warrants or checks for salaries to either
the husband or wife where both said husband and
wife are employed in the departments of this
State subject, however,to the following provisions.
*******"
"The provisions herein shall apply to depart-
ment heads and members of Commissions but not to
the manager and matron of the Gorse State Farm.
The word 'department' as used herein shall mean
those departments ~named in this Act and the Soil
Conservation Board and shall not apply to other
agencies of this State and the employees employ-
ed thereby."
Answering one of the inquiries we said In that
opinion:
"It will be impossible for both of these
people -- husband and wLfe -- to continue to
work for the departments in which they are em-
ployed, or any other of the departments pro-
vided for in Senate Bill No. 317."
Your expressed confusion as to whether or not this
rule applies to Texas Unemployment Compensation Commission
arises, no doubt, from the specific general provisions con-
tained in Senate Bill 317 Immediately following the designa-
talonof TEXAS UNEMPLOYMENT COMPENSATION COMMISSION, as fol-
lows:
"All moneys granted to this State by the
Federal Government for the administration of
the Unemployment Compensation Act are hereby
appropriated to be expended for purposes for
which such moneys were granted. Notwithstand-
ing any other provisions of this Act, moneys
granted for travel shall be expended Fn the
amounts and in accordance with the standards
of the Social Security Board and the rules
and regulations adopted by the Unemployment Com-
pensation Commisslon to meet such standards. Out
of state travel expense paid solely from Federal
Honorable Geo. H. Sheppard, page 3 o-6985
grants and made in accordance with the Federal
standards as being necessary for proper admlnis-
tration of the Unemployment Compensation Act do
not have to have the approval of the Attorney
General.
"Salaries of the employees of the Unemploy-
ment Compensation Commission and members of the
Commission shall be paid In accordance with agree-
ments made between the Commission and the Social
Security Board, but in no case shall such salaries
be less than those authorized by the Act creating
the Unemployment Compensation Commission; provided,
however, there shall be no salary increases to em-
ployees of the Texas Unemployment Compensation ex-
cept those that are the result of the orderly ad-
minLstration of the merit system of personnel ad-
ministration as required by the Social Security
Act.
"It is specifically provided that all moneys
now on deposit to the credit of the Unemployment
Compensatlon Fund, and any moneys recelved for the
credit of such fund, are hereby appropriated for
the payment of benefits and refunds as authorized
by the provisions of the Unemploymsnt Compensation
Law .'
We find nothing in the last above quoted special
provision that could be construed to except Texas Unemploy-
ment Compensation Commission from the rule announced by us
in our Opinion No. 0-6705.
There is nothing shown in your Inquiry, or other-
wise known to us, indicating that there is anything In any
of the standards of the Social Security Board, or 1n any
requirement whatsoever of any federal agency that would be
violated by the enforcement of the rule forbidding employ-
ment of both husband and wife in the State departments, and
we express no opinion as to the probable effect of such
requirement, standard or stipulation, if such were present.
We trust that what we have sald fully answers your
inquiry.
OS-MR-WC Very truly yours
ATTORNEY GENERAL OF TEXAS
APPROVED DEC 14, 1945
s/Grover Sellers By s/Ocle Speer
ATTORNEY GENERAL OF TEXAS Ocle Speer
Approved Opinion Committee by s/ Assistant
BWB Chairman