Texas Attorney General Opinion: O-5507 Page: 4 of 5
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Honorable John Lee Smith
Honorable J. i. Winfree - page 4
Senate Bill 27 er to be read as though they were incor-
porated in Senate Bill 363; thus read, tht rpovisions of
senate Bill 27 constitute an exception to the general
rule provided by Senate Bill 363. 39 Tex Jur., "Stat-
utes", Section 137, Pp. -25-260.
The next question is, whether an appropriation
has been made to pay the 47,500.oo salary of the State
Auditor and the salary of the First Asiotent as fixed by
the Commlttet under the authority of Sonate Bill 27, dur-
ing the biennium beginning September 1, 1943.
The appropriation to the State Auditor for the en-
suiw hbiennium provides in part;
1I. State Auditor and fftiienoy
"2. First Assistant State Auditor3,600.00. 3,600.00
l"The Money appropriated for the State
AuditOr is hereby appropriated to the Legis-
lative Audit Commattee according to Senate
Bill 27, Acts Regular session, 48th Legisla-
ture should such bill become a law, In addi-
tion thento there is hereby appropriated to
the Legislative Audit Committee to be expend-
ed for td on behalf of Senate Bill ho. 27,
Acts Reg lar Session, 48th Legislature, the
mOi or $~0000.00 per fiscal year, should
such bill become a laew." (Emphaisisadded).
It seems apparent that the Legislature was in
doubt thether Senate Bill 27 would become a law, and pro-
vided the additional 50,000.00 per annum in the rimd
above to the Legislative Audit Committee to be expended un-
der th terms and provisions of bcnate Bill 27 should it
become a law. In our opinion, the itemized salaries set
opposite the "State Auditor" and "First Assistant" were.
intended to control the compensation for these positions
only itf Senate Bill 27 should not become law. It follows
that, in our judgment, the 450,000.00 appropriation is
available for payment of that portion of the State Auditorsa
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5507, text, 1943; (texashistory.unt.edu/ark:/67531/metapth262783/m1/4/: accessed December 13, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.