. . I’
R-725
'OFFXCE OF
THE ATTORNEY GENERA%
AUSTIN,TEXAS
PRICE DANIEL
ATTORNEYGENERAL September 3, 1947
.,
Hon. E. V. Spence, Chairman Opinion No. V-368
State Board of Water Engineers
302 West Fifteenth Street Re: Authority of the Board
Austin, Texas of Water Engineers to
pay salaries from funds
appropriated for stream
measurement, topogra-
phic surveys, etc.
Dear Colonel Spence:
Your request for opinion reads as follows:
“The Departmental Appropriation Bill, S. B. 391,
Acts of the Regular Session of the 50th Texas Legis-
lature, lists, among others, the following items of ap-
propriation for the State Board of Water Engineers
under the heading “Maintenance and Miscellaneous*;
For years ending
August -31, August 31,
1948 1949
Y4. Stream hkasurement,
Quality of Water, Topo-
graphic Surveys, Statis-
tical Compilations, and
Hydrological Studies in
cooperation with U. S.
Geographical (Geological,
typographic error) Sur-
vey - - - - - - - ,- - - - - - $75,000.00 $75,000.00
“15. Underground and Quality
of Water Investigations,
statistical Compilations
and Hydrological Studies
in cooperation with U. S.
Geological Survey - - - - - 60,OOO.OO 60,OOO.OO :,
“16, Duty Measurement, Silt
Investigations, and Lab-
oratory Analysis - - - - - - 7,500.oo 7,500.oo
. .
\
Hon. E. V. Spence, Page 2 Opinion No. V-368
“In making these appropriations the legisla-
ture used the same language used by previous
legislatures in appropriating funds covering the
above items.
“In hearings before the Appropriation Com-
mittee of the Senate and House of Representatives
on the above items of appropriations, the officials
of the State Board of Water Engineers explained
that said sums included salaries on a cooperative
basis with the Federal government for engineers,
geologists, hydrographers, secretaries, statisti-
cians, clerical help, etc. Also that these items in-
cluded labor costs in constructing gaging stations
and their maintenance and operations.
“Subsection (14)f. of Section 2, S.B. 391, supra,
reads as follows:
“‘f. Contingent expenses. None of the funds
hereinabove appropriated for “contingent ex-
penses” or “maintenance and miscellaneous”
shall be used for the payment of any salaries
unless specifically authorized to be paid in
the itemization under contingent, maintenance,
and miscellaneous items hereinabove set out
and designated therein as *salaries,” “extra
help,” or “seasonal labor.“’
“The cooperative agreements with the U.S. Geo-
logical Survey run from year to year and the State
Board of Water Engineers is now preparing an agree-
ment for the year beginning September 1, 1947, and
making allocations of funds for salaries, maintenance
and operation, etc. Unless the Board can pay salaries
out of the funds appropriated under items 14, 15 and
16, all stream measurement, underground and quality
of water investigations, hydrological studies, duty
measurement and silt investigations, etc., in Texas
will stop as of September 1, 1947, as this work cannot
be carried on without salaried employees.
-Will you please advise whether or not the State
Board of Water Engineers may pay salaries out of the
sums appropriated for its use under items 14, 15 and
16, supra, in view of Subsection (14)f. Section 2 of S.B.
391, Acts of the 50th Texas Legislature.”
Hon. E. V. Spence, Page 3 Opinion No. V-368
From the above quoted Hems 14, 15 and 16~in the appro-
priation, it is apparent that the Legislature intended that the State
Board of Water Engineers employ and pay the necessary salaries
to those who would carry out the work for which the appropria-
tions were specifically made. It is evident that none of the work
specified in Items 14, 15 and 16 could be accomplished without pay-
ment of salaries. Although our interpretation must be made from
the Bill as enacted, it is worth while to note that such interpreta-
tion of the legislative intent is substantiated by the ~statements in
your request that the appropriations committees of the Senate and
House were told that the above items included salaries necessary
for the work, and by a statement from Senator A. M. Aiken and
letters from Senator James E. Taylor, Senator Dorsey B. Harde-
man, Representative C. H. Gilme’r, and Representative C. S. Mc-
Lellan, each of whom served on appropriations committees of ei-
ther the Senate or the House and helped in the preparation of the
Bill.
Yours concern is prompted by the fact that Items 14, 15
and 16 were listed in the Appropriation Bill under the heading,
“Maintenance and Miscellaneous,” and might therefore be inter-
preted to fall within the rider in Subsection (14)f of Section 2 of
the Bill, copied above. This rider forbids the use of “Maintenance
and Miscellaneous” funds,for salaries unless specifically author-
ized in the itemization and designated as “salaries,” “extra help,”
or “seasonal labor.”
It is possible to reconcile and avoid any conflict beg-
tween the provisions by looking to the intent of the LegisIature .in
writing both of these provisions. In Subsection (14)f, Section 2,
the Legislature limits the use of funds appropriated for “Contin-
gent Expenses” or “Maintenance and Miscellaneous.” An exami-
nation of the present and past Departmental Appropriation Bills
indicates many items listed by such terms, and it is apparent
that the Legislature intended to prevent payment of salaries from
items which are merely listed under one of the above terms. For
instance, Item 12 in your appropriation calls for “Office Supplies,
Equipment, Utilities, Bond Premiums, and Contingent . . .$3700.00.”
It is clear that no salaries could be paid out of this itemization..
,But Items 14, 15 and 16, although listed under the general
heading of ‘Maintenance and Miscellaneous,“‘are not actually appro-
priations for either ‘Contingent Expense” or “Maintenance and Mis-
cellaneous.” Thoae items are for certain very specific work of your
department, including “stream measurement: “underground and
quality of water investigations,““hydrological studies,” “duty meas-
urement,” and “silt investigations.” None of these items could’be
termed as mere l Contingent Expense” or “Maintenance and Miscel-
laneous,” and they are not so termed in the specific wording of the,
items. The only indication to the contrary is that they have been
Hon. E. V. Spence, Page 4 Opinion No. V-368
placed along with other items under the general heading of “Main-
tenance and Miscellaneous.” Under the fundamental rule of con-
struction that in case of conflict definite and specific wording should
control over a general heading or description in determining legis-
lative intent, it is our opinion that Items 14, 15 and 16 may be used
to pay necessary salaries for the purposes therein authorized, and
that such items are not within the prohibition of Subsection (14)f of
Section 2.
SUMMARY
Although improperly listed under the general
heading of “Maintenance and Miscellaneous,” Items
14, 15 and 16 of the appropriation for the State Board
of Water Engineers in Senate Bill 391, 50th Legisla-
ture, for “stream measurement,” “underground and
quality of water investigations,‘” etc., are not mere
“Contingent Expense” or “Mail?- ::i*nce and Miscel-
laneous” items within the me,-,,., :;g :af Subsection (14)f,
Section 2, providing that “Cont.k:;gent Expense” and
“Maintenance and Miscellaneous” funds may not be
used for payment of salaries. Therefore, salaries
may be paid to accomplish the work as clearly speci-
fied and intended by the Legislature in the above items.
f3Ynz
Attorney General
PD:sl