Case Information
*1 . .
OFFICE OF THE ATTORNEY GENERAL OF AUSTIN
Eonorable George R. Sheppard
Comptroller or Publio AOooUUt6
Austln, Texas
Dear Sir:
Opinian No. O-1672 Re: Authori ty or Limit ati on of Payments Board to- authorize sxpenditur0a supplsmenting a sgs0ifio itea of appropriation; .~.~_..-~~_ .~_
By your letter of Novtiber lath, you request -_- . opinion of this department upon the Xollowlag queetlonr . ,-
“Does’ the Liznitation’of Payments Board pro- vlded In the rider to,.. th0General Appopria- tion Bill passed by tha Regular.,Session LWrty-sixth LegJslature ~for tha prassnt biennium hsve authority'to &rant a\supplemental amount a spscifio i;taa,in the app?opriation bill for of- fice suoX aa,, found und0r $ten 5 & the %aln- tenanoe and KisoalLaqe0Ua~ for the Barber Boqfdl-.,, ‘\,,, ‘,.,,
.,--err youlr. a’kawar ~,%ti tXe negative then would aafd Iktatibq oi2Qxwiiits Board haie ,A42 gqant, supplekental dppropriations to an;r item ,’ in.8 tintingent &x@&e appropriation, suoh as
LIzted In Stan 4 of the appropriation for the ‘1 %ate Board 60 Dent& Fxsminers?n '\\y ,,. i \ ,,Item ‘5 of the %aintenahoe and &oellaneoUan approprQtl,on fos the Barber Board reads as follms:
'keri/;/ae rent ,.. $300 00 * . .
Itam 4 of the appropriation for the Sta%s Board of Dental Yxaminers rsads as follms:
*2 "Postage, contingent expenses, statfonery, printing, supplies, equipment, of- fice rent, publicity and auditing expenses . . . $.l,OOO.OO" [1] Bon. ,George H. Sheppard, Pa&e 2.
The general rider appended to Senate Bill 402, 46th Legislature, provides in part GS follonts:
*(b) The appropriations herein provided are. to be construed as the maximum sums to be appropriated t0 and for the several purposes named berein, and the amounts are intended to cover and shall cover entire ooet of the respsotive it-a, and the same shall not be supplemented Prom any other source; and, except as otherwise
shall be made, nor shall any other obligations be incurred by any department of this State, . ..w
RLimitati on of payment 8. yxoept as otherwise provided, whenever, by virtue of the provisions this Act, Items are to be paid out of Pees, receipts, special funds or of. other funds available use by a department, it Is the intention Legisleture to limit expenditures out of said fees, receipts, spaolal funds or other available funds to the purposes and in the amounts ltcmlzed herein, and it -is so provided. If, hwlever, the amount of the Pees, receipts, special or other available funds herein referred to are more than sufflclent pay the items herein designated to be paid there- from, the department to which the said re- speoial funds or other available funds are oeipts, appropriated may, ii necessary to adequately of said department, use any portion of said surplus Pees, receipts, speoial funds or other available funds; provided, however, that before doing so, the head of suoh departmsnt shall under oath make applloatlon jointly to the Gwernor, the Attorney General and the State Treasurer setting forth in detail the.neoe8sit.y for using suoh sur- speofal funds or other available plus Pees, reoeipte, funds and itfxnizing the purposes for which the same are to be used . ..*
Taragraph (b) of t3e general rider prohibits tha supplementing from any source of an amount provided for a This prohibition extends to the speoiflo lten or purpose. oP the Limitation of Payments Board, so that that body is Wwlthout authority to authorize .additional by way of supr,lementing an ltean for which specific nJovlnion has been made ‘by the Legislature. It follows that suoh it-s as Item 5 of the “Zaintenanoa and ?:iscellaneous* *3 Hon. George H. Sheppard, Rage 3.
for the Barber Board may not be supplemented by authority the Limitation of Payments Board, for the Legislature hes seen Pit to meke a spscifio and s parate provision for office itemizing it in such manner !h at the amount available for that specific purpose is definitely ascertainable.
We have construed paragraph (b), where it state8 *except as otherwise shall be made,* to have relation to.the limitation oP payments olause, and to authorize the Limitation~of Payments Board to pennit the u9e of a portion of surplus eta,, necessary adequately of a department, for pur- poses for which speoifio provision has not been mde by the In other word%, the authority of the Limitation Legislature. of Wymente Board extends only to the authorization of expen- ditures for purposes for which the Legislature has not pro- vided a definite and asoertalnable amount.
Since, in-buch Items as Item 4 of the appropriation for the State Board of Dental Yxaviners, the Legislature has not provided a definite and fixed amount to be spent for or'to be spent for or to be spent poetage, such other purposes a% are lumped together in this item, but has, in reality, provided only an Item for "Contingent Rxpen- see," In such manner that the amount authorized to be spent for any partioular purpose falling under such heading mey not be ascertained, it ie within the authority of the Limitation of Payments Board to authorize of surplus Pees for any purpose falling within the term% of Item 4, %ave and except treveling expenses, which, being governed by a peculiar and speaial provision of the penerel rider, may not be supple- mented in any event, a% held in our Conference Opinion No. 3089.
Yours very truly ATTORNEX GENERAL OF TX&S R. ‘N. Fairchild Assistant