Case Information
*1 I PRICIi DAXIEL ,. . . ATTORNEY GESEHAL
Gerald C. Farm
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Honorable L. A. Moods
State.Suptli5ntendent bf,Public
Instruction,
Austin, Texas
izinion No. -0-2239 : General Appropriation Act 1939 - State Decartn;ent of Education --,Contingent Expenties -- Printing -d Buarterly'~allocation oft annual appropyiation,.
You ,state the'following case for an opinion:
*Thd statutes make it mandatory ', upon the Departnent of Education that :
certain forms,' bulletins atid ,reports
such as teacher's daily .reeisters,
teach.er's monthly reports, voucher
forms, etc., bo filade~,available ,to
the schools of the State.by Septen-
her lst, the beginning of the sc!:olas-
tic year.. In order to have these
form, bulletins and reports avail-
&blc: for scholastic yoer'1;~13940,
the Departrmn$ as in the past was
compelled to issue requisitions ut
least three to .faur e:or;ths prior tc
,Scptel,:ber 1, 1937, to alloir mple
tims fop nrir:tirl:; zl:d r!clivi?r:!. ;Zlcn
the accounts for ,such were prc!&ented
to the State Cor~:!)tro$lcr for payment
they wero~rcfu&cd $.)r th.e' reason that
they bol;e rcquiiition dates prior to
Sc;.t;:iril.u,r 1, 193:1,"
U,bO$ l;bc:;.b ,f;iCtS gi0U .pT.,poll;ld- thes following quesi.ion:
RdnorableL. A. Foods - Page 2
Whether or not it ismaterial when the requisi- tion is. made for printing, provided the printingwhen done, is to be paid out of the appropriation,for the.cur- rent fiscal year for which the printing,is dote. ,
The 'answer to yburinqu%ry is ruled.by the opinion of this,,de$artnent o f date November 17,.1915, . -~ (Opinions of the Attorney General 1914-19~6, p. 695)‘,, holding it to be regular and lawful for a Board of
Regents to contract for the erection of a dormitory.
and dining room:to be paid for out of the appropriation available thereafter,.to-urit, on Se>teltiber 1, 1916. It is declared in that opinion: .'
"The,fact that this &12~,OQO,OQ : appaoprfated for the erecti,on of a _' 'dormitory..and dining rooLr,is not available until the lst..'day of Sep-,
~tenber,,l916, does snot postpone the .taking ~effect of this Act of the Legislature until that dato. This
Act is as much the lat\r now as it
will be subsequent to. Septembcr~l,
Y' '., 1916,, and the Board of Regents would
.be warranted in letting the' contract'
.for the erection of said building at
the present time or at any ti:.leaft.er
the enactment of'such law arid prior
to August 31, 1017, 'the expiration
.of the fiscal '-eriod for hriliCh
.appropriation is made.
“of d0uk32, as this %25,000.00 is bji: express r;rovision of the Act
not availabls until Ee:ztembor l,, 1'36,
no warrant-s coul.d be drawn or naj,ments
mado out of same .until that date."
The oj~,Anicn furthcr states:
.Jrable L. A. Woods -. 'Page 3.
appropriation, nor do, we mean by this opinion to make a holding of
that character." 'As we understand your inquiry, it discloses that the supplies are' to be received by your depart-.
mentbut will notbe consumed pri.or to the time ,when the anpro,iriationIbocome s.available, thus coming with- .in the hoMing of that opinion.
Trusting,that thi.s will be a satisfactory answer 'to your inquiry, we are '.
.Very truly yours ' ATTORHEY GEi:ERAL GF.TEXRS BY Ocie Speer Assistant .OS*KR:bb . '~. ;.
/e/ Gerald C.. Kann ATl'CRIJhY GIUERAL OF TEXAS ‘.