Honorable George H. Sheppard Opinion No. O-6043
Comptroller of Public Accounts
Austin, Texas Rc: Can salary appropriations for
various Medical School branches
as, shown under separate totals,
be considered as one total ap-
priation for salaries for the
purpose of salary changes and
Dear Sir: substitutions?
Your communication, dated May 19, 1944, addressed to
this department, reads as follows,
“3 page 832, Acts of the Regular Session of
the &th Legislature you will find after item 5157,
a total appropriation for the Medical Branch of the
University, a sum of $510,810.00.
Fkfter Item 165 a total amount for salaries for
th,e college of Nursing, $28,750.00. There follows
itemized appropriations for salaries for the Hotpit-
al for Crippled and Deformed Children and John Scaly
Hospital.
s%fter Item #201, you will find a grand total
appropriation for the Medical Branch of $994,540.00.
“Subsection (2) of the General Rider of the Edu-
cation Appropriation Bill’, reads’in part as follows:
“The board of regents or directors within their
dfscietion and~with good reason, may pay smaller
salaries than those itemized herein, and may make such
changes and substitutions within the totals for salaries
as may be found~necessary, and are authorized to trans-
fer items or parts of items.
“Under the provisions of this Rider, can the salary
appropriations for the various branches, for the medf-
cal school, as shown under separ,ate totals, be considered
as one total appropriation for salaries for the purpose
of making salary changes and substitutions?”
Honorable George H. Sheppard, page 2 Opinion No. O-6043
The next to the last paragraph in your communication,
above quoted, is the exact language used in the third paragraph
of Subsection (2) of the General Rider to the Education Ap-
propriation Bill. See Acts of 1943, 48th Legislature, bottom of
page 878. Your attention is directed to the following language
contained therein:
II. . . and mav make such chanaes and substltu-
tions within the iotals for salaries as may be
found necessary,” (Emphasis ours)
The underscored words in the preceding paragraph are
clear and explicit, and control our answer to the question sub-
mitted. They clearly show that such changes and substitutions
must be “within the totals for salaries,” as shown under sepa-
rate totals. Such totals are not to be considered as one total
appropriation for the purpose of making salary changes and sub-
stitutions.
For example, the regents may make changes and substl-
tutions and transfer items or parts of items within the total for
salaries appropriated for the School of Medicine; but such changes
substitutions and transfers cannot’be made at the expense of the
School of Medicine and for the benefit of the College of flursing
or of John Sealy Hospital or of any other unit of the Medical
Branch, and, vice versa.
Your question is, therefore, answered in the negative.
We direct your attention to item I75 for $685’,780.00
for “Maintenance, Equipment and Support” of the State Hospital
for Crippled and Deformed Children. Also, Item 201 is for
$98,400.00 for “General Hospital Personnel and Maintenance” for
John Sealy Hospital. These items must be deducted from the
totals for said units in which they are included, in order to
detennlnc the itemized salary total for each of said unites.
It is within the itemized salary total for each unit of th,e
Medical Branch that changes, substltutlons and transfers may be
made.
Very truly yours,
APPROVED: .JmJ 12, 1944
ATTORNEYGENERALOF TEXAS
/s/ G. P. Blackburn
(Acting) Attorney General of By: /s/ L. H. Flewellen
Texas Assistant
LHF:rt
Approved by Opinion Committee
By BWB, Chairman