Texas Attorney General Opinion: WW-433 Page: 5 of 6
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Honorable Raymond W. Vowell, Page 5 (WW-33).
period of training from September 1, 1957, through January 31,
1958, is a reasonable time within the meaning of Subsection c,
Article II, House Bill 133, Acts of the 55th Legislature.
Therefore, in answer.to your questions 2 and 3, it is our opin-
ion that Dr. Harrison is authorized by Subsection c, Article
II, House Bill 133, Acts of the 55th Legislature, to receive
payment of his salary and all emoluments that go with the
salary during the period of time from September 1, 1957,
through January 31, 1958; and such payment is not in violation
of Section 51, Article III, Texas Constitution.
SUMMARY
Subsection c, Article II, House
Bill 133, Acts 55th Legislature,
Regular Session, 1957, to the
extent this Section purports to
authorize training and schooling
of State officials and employees
of a nature directly related to
the performance of the State's
governmental duties, is a valid
grant, and is constitutional
under the provisions of Section
51 of Article III of the Texas
Constitution; but to the extent
it purports to authorize school-
ing not directly and substan-
tially related to the performance
of the State' s governmental
duties, is unconstitutional under
the provisions of Section 51,
Article III of the Texas Constitu-
tion. Under the facts submitted,
the training of Dr. Preston E.
Harrison in the course of Mental
Hospital Administration at the
Menninger Foundation, Topeka,
Kansas, is related substantially
and directly to the performance
of the State's governmental duties,
and payment of his salary and
receipt of all emoluments that go
with the salary of his office for
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-433, text, May 20, 1958; (https://texashistory.unt.edu/ark:/67531/metapth267045/m1/5/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.