Untitled Texas Attorney General Opinion

• Court: Texas Attorney General Reports
• Decided: July 2, 1959
• Docket: WW-708
• Status: Published

Opinion

. . .I

THEA~oRNEY GENERAL OFTEXAS AUSTIN ~I.TExAR

September 25, 1959

Dr. L. R. Noyes, Executive Director Texas Animal Health Commission Room 1021, New State Office Building Austin, Texas Opinion No. w-708 Re: Whether H.B. No. 4, third called session, 56th Leg., permits the Texas Animal Health Commission to in- crease maximum salaries Dear Dr. Noyes: and related questions. Your request for an opinion reads in part as follows: "The Animal Disease Eradication Division, United States Department of Agriculture, will not recognize work done under Types I. or II. Brucellosis programs, unless such blood test- ing and/or vaccinations are performed by ac- credited veterinarians or laymen regularly employed by the Texas Animal Health Commission. "In the event that Counties elect to parti- aipate in the Brucellosis programs and contribute funds, is our assumption correct that such funds shall be deposited with the State Treasurer to the credit of the Texas Animal Health Commission, to be used in the specified Counties? "Assuming that Counties, or individuals, desire to participate in the brucellosis program by the contribution of funds, can such funds be used to increase the maximum salaries provided in the State Departmental Appropriation Bill? "The appropriation allotted this Department for the biennium 1960-61 provides salaries for veterinary livestock market inspectors not to exceed $8.00 per day. Dr. L. R. Noyes, page 2 (w-708 )

"It is obvious that capable representatives cannot be employed at this pay scale, and this Department is wondering if'the amount of $8.00 may be supplemented by contributions in an amount to adequately compensate representatives for the services performed at these livestocl,auction markets. The contributions would be maae by the livestock market operators on the first day of each month, payable to the State Treasurer. "It would, of course, be necessary that the contributions be kept in separate accounts for each livestock market, since the volume of live- stock handled at the various markets varies greatly, and the representatives of this Depart- ment would be paid accordingly. "In the event that salaries may be supple- mented, as stated above, will it be permissible for the veterinarian selected to also accept fees for tests, vaccinations, etc., required under provisions of the livestock auction market bill in addition to his supplemented salary? "At the present time there are twelve live- stock markets in Texas specifically approved by this Commission and the Animal Disease Eradica- tion Division for receiving cattle, in interstate commerce, in compliance with Federal brucellosis regulations. ?he Animal Disease Eradication Division has informed this Department that unless State funds are available to assume state-paid supervision of these markets their approval to receive cattle in interstate commerce will be withdrawn effective at the close of August. "Since it will be impossible, under the appropriation made available to this Department, to maintain supervision at any livestock markets, may the Commission assume supervision of these approved markets which contribute funds, supple- menting our appropriation, and exclude other live- stock markets within the S,tatethat may desire approval for handling cattle in interstate com- merce but that do not offer to contribute funds to supplement our appropriation for this work?" or. L. R. Noyes, Page 3 (~~-708)

House Bill 187, Acts of the 56th Legislature, 1959, Chapter 192, page 430, changes the name of the Livestock Sani- tary Commission of Texas to the Texas Animal Health Commission and provides that hereafter all or any references thereto or laws relating to the Livestock Sanitary Commission shall apply to the Texas Animal Health Commission, and all appropriations and benefits should be available to and apply to the Texas Ani- mal Health Commission. House Bill 31, Acts of the 56th Legislature, 1959, Regular Session, Chapter 188, page 418, sets up a Bovine Bru- cellosie Control Program and authorizes the designation of brucellosis control areas upon petition of seventy-five per cent of the cattle owners in the area owning at least fifty- one per cent of the cattle within that area. Subdivision 7 authorizes two types of areas stating: "(7) Two (2) types of brucellosis control areas may be established. These types are: "I. An area in which no testing shall be re- quired but in which all female calves shall be re- quired to be officially vaccinated within ages fixed by regulation of the Texas Livestock Sanitary Com- mission and incompliance with the regulations of such Commission relating to vaccination, "II. An area inwhich such test, vaccinations, identifying practices, quarantines, disposition of infected animals and other practices as provided by regulations of the Texas Livestock Sanitary Commis- sion shall be followed. "The petition of the cattle owners constituting the basis for the proclamation establishing the brucellosis control area shall state which type, '1' or 'II,' control area is desired in the af- fected area and the.proclasnationestablishing the control area shall designate which type, '1' or 'II,' is established. No type control shall be established unless that type has been properly requested." Subdivision 15 authorizes the 'TexasAnimal Health Com- mission to employ "veterinarians, inspectors, stenographers and necessary clerical help and such other persons it may deem necessary for the performance of any duty under this Section." We are unable to find any provision in House Bill 31 Dr. L. R. Noyes, page 4 (WW-708)

or in any other general law applicable to the Texas Animal Health Commission which authorizes the Texas Animal Health Commission to accept donations. House Bill 4, Acts of the 56th Legislature, Third Called Session, 1959, (the General Appropriation Act) con- tains the following appropriation to the Texas Animal Health Commission: "Out of General Revenue Fund: "For Salaries and Wages: ,r . . . 3. Director, Contagious and Infectious Disease 7,500 7,500 4. Director, Inspections and Regulations 6,000 6,000 5. Accounting Clerk I 3,300 3,300 6. Stock Clerk I 2,712 2,712 7. Secretary III 3,384 3.384 Stenographer IV 3,192 3,192 1o ;: %S;;;rapher II, NTE 12,048 12,048 . Seasonal and Part-time Help 3,000 3,000 "Field Program ;l; Veterinarian 7,000 7,000 Veterinarians, NTE $6,000 24,000 24,000 13: Livestock Inspector II, NTE $3,900 7,800 7,800 14. Livestock Inspector I, NTE $3,300 141,900 141,900 15. Livestock Handler, NTE $8 per day 12,ooo 12,000 "Subtotal, Salaries and Wages $ 248,836 248,836 "For Other Expense 16. Travel Expense 113,580 113,580 17. Diagnostic services, in- cluding bacteriological, serological, toxicologi- cal and pathological examination by interagency or commercial contracts 10,800 10,800 Dr. L. R. Noyes, page 5 (wW-708)

18. Office and equipment rentals, supplies and materials, printing, equipment, repairs, telephone, telegraph, postage, dip materials, cattle marking paint and other contingent expense 13,759 11,584 lg. . . . "Total, Central Office and Field Program $ 401,975 3gg,8oo "Brucellosis Program "For Salaries and Wages: 20. Supervising Veterinarian, NTE $6,000 12,000 12,000 21. Supervisor of Laboratories 4,440 4,440 22. Senior Technician, NTE $3,600 23. Clerk Typist, NTE $2,880 "Subtotal, Salaries and Wages ,79,o8o 79,080 "For Other Expense: 24. Travel Expense 40,000 40,000 25. Consumable supplies and materials, current and recurring operation ex- and capital ex- ~%%'(excluding travel) 4,000 4,000 "Total Brucellosis Program $ 123,080 123,080 1,. . .

"The moneys appropriated hereinabove to the Texas Animal Health Commission under the subhead- ing 'Brucellosis Program' are to be expended pur- suant to the provisions of House Bill No. 31, Acts, 1959, Fifty-sixth Legislature, Regular Session, Dr. L. R. Noyes, page 6 (W-708)

and none of such moneys may be expended for purposes other than House Bill No. 31. At the discretion of the Executive Director of said Commission, how- ever, personnel provided the Commission In Items 3 through 15 above, and appropriations for other costs in Items 16 through 18, may be applied to the adminis- tration of said House Bill No. 31. "In instances where cooperative agreements are made between cattle owners and the Texas Animal Health Commission for reimbursing said Commission in order to provide supervision, vaccination or testing services by certified personnel in accord- ance with the provisions of H.B. No. 31, Acts, 1959, Fifty-sixth Legislature, Regular Session, such re- imbursements are hereby appropriated to said Commis- sion for the administration of the Brucellosis Program in accordance with said H. B. No. 31. "In the event that cattle owners elect to parti- cipate in area or county programs for the control and eradication of bovine brucellosis and to contribute funds for additional personnel, supplies or operating expenses for such program, such contributed funds are hereby appropriated for the purposes specified for such donors." It is noted that the appropriation to the Texas Animal Health Commission appropriates moneys by line item and author- izes the expenditure of the items (Items 3-15 and 16-18) to be applied to the administration of the Brucellosis Program author- ized by House Bill 31. Subdivision (k) of Section 3 of House Bill 3, Acts of the 55th Legislature, Regular Session, 1957, Chapter 100, page 213, provides: "(k) No officer or employee of a state agency, Legislator or legislative employee shall receive any compensation for his ser- vices as an officer or employee of a state agency, Legislator or legislative employee from any source other than the State of Texas, except as may be otherwise provided by law." Dr. L. R. Noyes, page 7 (WW-708)

In view of the provisions of Subdivision (k) of Sec- tion 3 above quoted, any salary supplementation must come from the State rather than any individual or group of indi- viduals. See Attorney General's Opinion WW-376 (1958). In Attorney General's Opinion ~~-376 (1958), it was held that the Board for Texas State Hospitals and Special Schools may in its discretion "supplement the compensation of the Executive Director of the Board from gifts or grants re- ceived by the Board for the purpose of maintaining and operat- ing research facilities and out-patient clinics, provided such supplementation is consistent with the purposes of such grants or gifts as specified by the donor. The amount of such supple- mentation may be set by the Board, but should be commensurate with the special duties performed by the Director in connection with the maintenance and operation of research facilities ant' out-patient clinics." It was specifically pointed out in that opinion, however, that it was necessary to limit it to the particular questions submitted and the answer to the question was granted upon statutory authority which was not necessarily applicable to other positions or situations. The fact situa- tion involved in WW-376 revealed that the Board was authorized to accept and disburse gifts by general law (Art. @j,V.C.S.), and the biennium appropriation act appropriated such gifts and donations for the purposes for which the donor had stipu- lated. In the instant case, however, there is no provision in the general law authorizing the Texas Animal Health Com- mission to accept gifts or donations, and such authority can- not be granted by a rider to an appropriation act. State v. Steele, 57 Tex. 200 (1882); Moore v. Sheppard, 144 Tex.-537, 192 S.W.2d 559 (1946); Attorney General's 0pinion w-96 (1957); Attorney General's Opinion w-692 (1959). You are, therefore, advised that the salary paid em- ployees of the Texas Animal Health Commission is limited to the amount contained in the Items in the General Appropriation Act.

SUMMARY The compensation of the employees of the Texas Animal Health Commls- stlon is limited to the itemized Dr. L. R. Noyes, page 8 (~~-708)

amounts appropriated by the Legis- lature to the Texas Animal Health Commission for the payment of salaries and wages. Yours very truly, WILL WILSON Attorney General of Texas

JR:mfh APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Wallace Finfrock J. Milton Richardson Robert T. Lewis James H. Rogers REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert