OFFICE OF THE AT&RNEY GENERAL OF TEXAS
AwaTlN
Bonoroble Geo. H. Sheppard
Comptroller of Publio.Aeoounts
Aimtin, Texas
Dear Sir;
Ootober 17, 1939,
C. E. Evans, President
whioh you request an
ot it is leg01 to pay
Teachers College out of
proprlation Bill also contains oertain
"Salary Provisions. No salary appropriated herein
shall be supplomcnted out of student fee funds, domitory
funds, or local funds, exco t out of the Pure Fe94 Fund
at the Agriculturnl and Retiit
anical College or out of
funds received from the United States Government or Its
agencies, unless 30 ordered by the governing board of the
.
. Hon. Geo. Bl Sheppard, page 2
Institution to which such salary or salaries apply, at a
regular meeting with et least a majority of the members
of such board present, and such order shell be enb;eZed
in the minutes of the proueedings of said board and shall
set forth fully the reoaons therefor. No full time
in3truCtiOn3l SRlRry es itemized herein shall be adjusted
to exceed en amount above the maximum full professor's
salary as herein itemized to be appropriated from the Gen-
era1 Revenue Fund of the State for the partiouler institu-
tion to which said salary or salaries apply, unless the
maximum salary is being reoeived, in which case such ad-
justment may be made not to exceed ten per cent above
such maximum salary 30 received. . ."
The seotion above quote& is the only possible limitation
that might be applied to the instruotor~e right to receive compensa-
tion for his services in aoting as a judge or umpire in ethletio
oontests.
It is to be noted, however, that the limitation set out in
Seotion 2 does not apply in case of'supplemontory fee bolng paid out
by the athletic or extramural dopnrtment because of Subseotion 11 of
the gonornl provisions which read as follows:
"Suboeotlon (11). Athletic or Extramural Depert-
mont. The General provisions made In this Act shall hot
apply to athletic or extramural departments, nor to posi-
tions not contained in the Itemized appropriation Act for
the fiscal year ending August 31, 1933; and as to these
exceptions, the governing board shall make such neoeesary
rules end adjustments as may be deemed odvlsable."
In the letter from Dr. Evans it is lndiaated that the Student
Activity Funds are deposited with the College end disbursed under
the general direction of the College by the governing board of seid-
College. Subsection 11, above quoted, provides that auoh bisburse-
ment may be made by aaid governing board.
It is the opinion of this Department,Ytherefore, that the
Instructor of Science et Southwest Texns State Teachers College may
0130 receive, out 0r the Student Activity Fund, fees ror aoting ae
judge, umpire, or Ureotor in athletio oontests.
Yours very truly
ATTORNEY GENERAL OF TEXAS
By: Billy Boldberg
BG:N Assistant
Approved Oct. 23, 1939
GERALD C. MNN Approved: Opinion Committee
ATTORNEYGENERAL OFTEXAS By EWB, Chairman