Case Information
*1 Gerald C. Mann
Hon. Tom C. King opinion NO. o-1663
State Auditor and Re: Authorization of institutions Efficiency Expert of higher learning to expend moneys Austin, Texas for any purpose in which a Qsgis- lator 1 s party” could be embraced.
Dear Sir:
We acknowledge receipt of ,your letter of November 2, 1939, the ,.body of which reads as follows:
“The audited accounts of one of the state institutions of.Ngher learningfor the fiscal year. just’ ended show an expenditure, from funds derived from institutional receipts, in the amount .of $624.00, for a ‘legislators’ party’.
This represents expenses incurred In entertaln- ing a group of legislators on a week-end visit to the school.
“Your. attention Is directed to Article III, Constitution, and I re- Section 48 of the Texas spectfully.request your opinion on the following questions:
“(1) Was any school granted aut’hority to spend moneys for any purpose in which this party could be embraced?
“(2) If such a grant of authority was made above referre b was it violative of the provisions to, and/or any other controlling law?” The statutes contained in Chapters 1 to 10 inclusive, of Title 49, Vernon8s Texas Statutes apply to instiLations of hlg her learning . An examination of Ii he statutes therein con- tained reveals no authority for the expenditure of funds derived from institutional receipts for the purpose set out in your opln- ion request. Article 2654d, Ch. 9a, supra, states that the gov- erning boards of the various Institutions of higher learning shall have control of certain funds Uin carrying out the functions The expenditure under considera- of an educational institution.” tion could not be termed a function of an eduaatlonal institution.
Hon.,.Tom C. King, page 2 (o-1663)
Chapter 444 of the Acts of the 45th Legislature.
Regular Session makes appropriation for the support and maintenance of i? .tate institutions of higher learning; : Se&:. .tion 2 (a) of the act provides “that all balances in the Institutional funds of the several State institutions named in this act . . . are hereby appropriated for the support, maintenance, operation and improvement of said State instf- tutions during each oft the said fiscal years, respectively.‘~ Subsection 3 of the generalprovi5ions of this’ ‘a&$, contains the.. follow-ing * provision’::~ ,’ ~ : _,
)tSa&.o’~ governing boards a’re authorized to use ,out. of,the proceeds of said receipts and funds, in accordance with the provisions of this, act,,such amounts as they shall deem .necessary for the: suooort.‘.mit%n’tenance ‘.., onerat ion and’ ‘imor.ovement .-of 1,. said: ,Qist tutfon’s .‘fi (ZTnderscoring ours.) :
I:t!i:s-. clear f3xm.a. eesu.al ~e.xaii&natSon~ of’ this appro- priation bill that then Legislatures had: no int.ent:ion of. au- thorizing an expenditure for. any purpose otherthanthe’ main- tenance operation or $mp~rovememt oft then State’,. i’nsti,tutfons of higher iearning~. Since we: therefore- answer your ,first’ques- tion in the::negative,l it be~oomesunnece~ssary to’consider the second.
APPROVED JAN-: 12; 4$+0 YoUr s very. truly /s/ W. F. Moore ~:’
FIRSI ASSISTANT : ATTO&& GENERAL ATTORNEY GENERAL GF’ TEXAS
~_, APPROVED: OPINION COMMITTEE By /s/ Ross Carlton BY: prE, .:cH~AIBMg ” : Ross Carlton, Assistant : RC:RS:wb
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