Untitled Texas Attorney General Opinion ( 1982 )

The Attorney General of Texas
March 22, 1982
MARK WHITE
Attorney General
Mr. Kenneth El.Ashworth opinion No.MW-459
Supreme Court Building Coordinating Board
P. 0. em 12549
Texas College 8 University System Re: Award of merit Pay
Austin, TX. 76711. 2546
512/475-2501
P. 0. Box 12788, Capitol Station increases by coordinating
Telex 9101674-1367 Austin, Texas 78711 board
Telecopier 5121475-0266
Dear Mr. Ashworth:
1607 Main St., Suite 1400
Dallas. TX. 75201.4709
You ask whether the Coordinating Board of the Texas College and
2141742-6944 University System may use appropriated funds to grant merit bonuses in
lieu of merit base salary increases. That is, whether the board may
recognize superior performance by the award of a one-time payment or
4624 Alberta Ave., Suite 160 payments over a limited number of months rather than by a permanent
El Paso, TX. 79905.2793
9151533-3464
increase in base salary.
The board's appropriation is found in article III of the 1981-82
1220 Dallas Ave., Suite 202 General Appropriations Act. Acts 1981, 67th Leg., ch. 875, at 3725~.
Houston, TX. 77002-6966
Article III, section 22 of that act applies to "agencies of higher
713,650~0666
education" not covered by section 1, article V of the act. Section 22
provides in pertinent part:
606 Broadway. Suite 312
Lubbock, TX. 79401-3479 Funds are provided in the appropriations made to
6061747-5236
those agencies covered by this section in
sufficient amounts to permit annual salary
4309 N. Tenth, Suite B increases as follows:
McAllen. TX. 76501-1665
5121662.4547 (a) All regular employees, excluding ranked
faculty in the ranks of Professor, Associate
200 Main Plaza, Suite 400
Professor, Assistant Professor and Instructor in
San Antonio. TX. 76205.2797 the general academic universities; professional
512/225-4191 positions in the Texas A & M Services; and faculty
and professional positions in the health science
centers and other medical education programs,
An Equal Opportunity/
Affirmative Action Employer shall receive a minimum annual salary increase of
14.3% in fiscal 1982 and 8.7% in fiscal 1983.
Such increase shall be in addition to the salary
rates as of January 31, 1981, and shall apply to
only those salaries paid from funds hereinabove
appropriated.
p. 1596
Mr. Kenneth H. Ashworth - Page 2 (Mw-459)
(b) Funds are provided in the appropriations
to agencies covered in this section to permit
salary increase in fiscal 1982 of 17.06% and 8.7%
in fiscal 1983 for all employees excluded by the
preceding section. Salary increases for these
employees are to be awarded on the basis of merit
and performance in accepted activities including
teaching, research and service. Such increases,
if any, are in addition to the salary rates as of
January 31, 1981, and shall apply to only those
salaries paid from funds hereinabove appropriated.
It is expressly provided that institutional
administrators may grant merit salary increases to
employees whose job performance and productivity
is consistently above that normally expected or
required. (Emphasis added).
Article V, section 1 of the General Appropriations Act does not
apply to the board. That section speaks specifically to the issue of
merit pay increases for covered agencies. The board is not, however,
exempt from the terms of article V. section 2 of the act. Subsection
a of that section provides that:
All annual salaries appropriated by this Act...
shall be paid in twelve (12) equal monthly
installments, except as otherwise provided in
Article II of this Act.
Cf. General Appropriations Act, Acts 1981, 67th Leg., ch. 875, art.
III, §8c, at 3719 (nine month employees). The Texas Supreme Court has
noted that "a salary is a fixed compensation for regular work."
Wichita County v. Robinson, 276 S.W.2d 509, 513 (Tex. 1955); see also
Attorney General Opinion H-1223 (1978). Webster's Third International
Dictionary defines salary as "fixed compensation paid regularly... for
services...." Cf. General Appropriations Act, Acts 1981, 67th Leg.,
ch. 875, art. Vxd, at 3791 (merit salary increases to be given on a
monthly basis).
Article III, section 22 speaks of "annual salary increases;"
while article V, section 2a requires that salaries be paid in equal
monthly installments. We believe this statutory language, with the
judicial definition of salary, requires us to conclude that the board
may not grant one-time bonuses in lieu of merit increases to base
salary. The board must either maintain existing salary levels or
increase base pay in recognition of exceptional service.
p. 1597
.
Mr. Kenneth H. Ashworth - Page 3 @fW-45g)
SUMMARY
The provisions of the General Appropriations
Bill for 1981-82 fiscal years preclude the payment
of one-time merit pay bonuses.
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Carl Glaze
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Shawn Jamail
Jim Moellinger
p. 1598