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