The opinion
-_
THE YTORNEY GENERAL
OFTEXAS
Ausx-uu I~.TEXAS
W’ILL. WILSON
AlTORNEY GENERAL
July 20, 1960
Mr. Raymond W. Vowel1
Executive Director
Board fo,rTexas State Hospitala
& Special Schools
Austin, Texas
Opinion No. WW-888
Re: Whether
- _- the..Board
- for Texas
state nospltals and Special
Schools, acting under Article
666b, Vernon's Civil Statutes,
and through the Board of Con-
trol, may rent housing for
the business manager of the
Dear Mr. Vowell: Denton State School.
You have requested our opinion as to whether the
Board for Texas State Hospitals and Special Schools, act-
ing in compliance with Article 666b of Vernon's Civil
Statutes, through the Board of Control, may furnish rent
housing for the business manager at Denton State School.
Denton State School was established by the Board for
Texas State Hospitals and Special Schools under the author-
ity of Article 3871~ of Vernon's Civil Statutes. Acting
pursuant to Article 3871.~and Section 10 of Article 317&b,
the Board has employed a business manager for Denton State
School.
You state in your letter that the available funds for
the construction of buildings at Denton State School is
limited and for this reason, no living quarters for the
school personnel have been constructed at this time.
Providing rent housing for the business manager of
the school Involves an expenditure of state funds and con-
sequently legislative authority must exist in order that
such an expenditure be valid.
Mr. Raymond W. Vowell, Page 2 (WW-888)
Section 44 of Article III of the Constitution of
the State of Texas authorizes the Legislature to fix
the salaries of State employees. Said section provides:
"The Legislature shall provide by law
for the compensation of all officers, ser-
vants, agents and public contractors, not
provided for in this constitution. D ~ .'
Senate Bill 43, Acts 56th Legislature, 1959, Regu-
lar Session, Chapter 85, Page 144, provides as follows:
"Section 1. The salaries of all state
officers and all state employees, except the
salaries of the District Judges and other
compensation of District Judges, shall be
for the period beginning September 1, 1959,
and ending August 31, 1961, in such sums or
amounts as may be provided for by the Legis-
latura in the general appropriations Act.
. . .
In the General Appropriations Act, House Bill 4,
Acts 56th Legislature, 1959, Third Called Session, Chap-
ter 23, Page 467, the following appropriations have been
made for the Denton State School:
"For the Years Ending
August 31, August 31,
!I
a 0 0 1960 1961
"2. Business Mana-
ger (with house and
utilities).............. $1,725 8 6,900
1,
. 0 e
"8. General operat-
ing expense (excluding
salaries and other wages)
including other operating
expenses, maintenance, re-
pairs, capital outlay, and
travel expense for transfer
of patients Including cost
of travel of employees es-
corting such patients and
all other activities for
which no other provisions
are made................ $42,614 $141,920"
,.--.
Mr. Raymond W. Vowell, Page 3 (WW-888)
Line Item 2 clearly evidences the Intention of the
Legislature to provide housing and utilities for the busi-
ness manager of Denton State School at the expense of the
State. Since there are no state owned housing facilities
available for the business manager at Denton State School,
the only method whereby the Board can, at this time, carry
out the intent of the Legislature is by renting such hous-
ing facilities.
No specific appropriation has been made for the pay-
ment of rental for housing facilities for a business man-
ager at Denton State School. In our opinion none is
required.
The house and utilities to be furnished the business
manager are not a part of his salary. They are something
in addition thereto, an emolument or perquisite of his
employment. That Is to say, they are incident to the
position of business manager, something gained from the
employment above and beyond the salary or wage for ser-
vices rendered. Therefore, the rental payments are a
eneral operating expense properly payable from Line'Item
8 of the appropriation to the Denton State School.
We have previously held in Attorney General's Opinion
~11-760 (December 15, 1959) that the Texas Youth Council,
under circumstances similar to those presented here, was
authorized to rent housing for the business manager at
Crockett State School for Girls.
Therefore, in our opinion, the Board for Texas State
Hospitals and Special Schools is authorized to rent hous-
ing facllltles for the business manager of Denton State
School and may do so through the Board of Control In com-
pliance with Article 666b, Vernon's Civil Statutes.
SUMMARY
The Board for Texas State Hospitals
and Special Schools has authority
to rent housing for the business man-
ager of Denton State School and may
. -- _.
-.
Mr. Raymond W. Vowell, Page 4 (WW-888)
do so by acting through the Board of
Control in compliance with Article
666b, Vernon's Civil Statutes.
Yours very truly,
WILL WILSON
Attorney General of Texas
wos:lmn
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
J. Arthur Sandlin
John C. Phillips
John L. Estes
Wallace Finfrock
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore