Texas Attorney General Opinion: WW-1470 Page: 3 of 4
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Mrs. Marie Hudson, page 3 (WW-1470)
3. Travel Expense 1,200
4. Consumable supplies and
materials, current and
recurring operating ex-
pense (excluding travel
expense), and capital out-
lay 1,350"
After making an examination of the appropriation to
the Commissioner for the fiscal year ending August 31, 1963,
in the light of the budget request for the same period, it
would appear that the Legislative intent was to include the
budget request of 'seasonal help' in line item No. 4 of the
current appropriation to the Firemen's Pension Commissioner as
"current and recurring operating expense." However, the first
paragraph of Section 30 of Article V of Senate Bill No. 1
provides as follows:
"Sec. 30. LIMITATIONS ON USE OF OTHER EXPENSE
FUNDS FOR PAYING SALARIES AND WAGES. None of the
funds appropriated in Articles I, II, and III of
this Act, or for the Central Education Agency in
Article IV of this Act, in items designated for
consumable supplies and materials, current or re-
curring operating expense or capital outlay may
be used for paying any salaries and wages unless
the language of those items explicitly authorizes
such use.
In view of the fact that the payment of salaries to
seasonal employees is not explicitly authorized in line item
No. 4 of the current appropriations to the Firemen's Pension
Commissioner, it is our opinion that such salaries are not
authorized to be paid.
SUMMAR Y
The limitations on the use of other expense funds
for paying salaries and wages which are imposed by
Article V, Section 30, Senate Bill No. 1, First Called
Session, 57th Legislature, 1961, prohibit the payment
of seasonal help out of the appropriation to the Fire-
men's Pension Commissioner as 'current and recurring
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-1470, text, November 13, 1962; (https://texashistory.unt.edu/ark:/67531/metapth268083/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.