Case Information
*1 OFFICE OFTHEATTORNEY GENERALOFTEXAS
AUSTIN
Hon. V. a. Earshall, ChaInen
State Soil ConservatfOn Hoard
Profeaslonal Building
Temple, Texas
Dear Sir:
elections. Your request toz a&i.&m on the a8 are herein set out has been,Fqcei ed by this ment. / ,./ ~.\ \
Your qu8~tloJle
Hon. V. C. Marshall, *page 2
notices?
"(7) When certain fund6 appropriated for oarrying out the law are exhausted how may the Board operate to carry out the law as is provided In setting up 6istriot8 and to aSei&i in the operation of dlatri&8? "(8) How may the bcerd assemble Infor- mation that will enable judgea at an ele&-, t0 vote, tiOn t0 &eteZ?IihA8 Who if4 qUt%lifie when such Lnfowatlon is made av & able to the juQges at such elsation?m ' the 46th tiglelatu-6, Artiole ,16%a4 Aots of Cowenatlon tar mm68 known and cited as the &ate 8011 Ill part 86 ?OllOWt of refe,frs4 to
veJ% 3. mler8ver wed In this bat, Wleas a Uiiiaront meunzr~& olearly appears from the oontextt a....
a(l8) *Lhn&mmr~ or 'Owner of Land Lying outside oi Idaorporatea Otti and Lnl 8' inOlude$ Urg ~pil'00t1 Who hold 18d or equitable title OP any lands lying with- in a Soil Conservation Distriot organtied under the p~~vlslons of th$s Aat and who Is a duly QU9.fifi8d rotor within a&h ais- triot .
R . ..* *(14) %u IYotioe* means notioe pub- lished at least twiae, w%th an Interval of at least 8efen t7)'day8 between the 'trro [8) pub&3atlom3 datefi, In a newspa ef or other publioatlon of general oimulat E oa within the appropriate area, or 2X no such p%xblloa- tion of general airoulation be available, by posting at a I?ea8Onabla number of @onsplouow *3 plmm~ vrlthln the ap~raprlate am, mdh
poetlw to lnolude, wharc poeslble,~ smt- in& at rublie p1W8B -hews it may t?a bUS-
bewry to poet notlaes aonawnl~ oauaty or mmlalpal affairs, @merelly. At any haarlng he18 purnumt ta sue& motiak, at
the time and ,aaoe desigmted in 6wh notioe, adfbumment !ay he *abe tn# time to tfma without the neamolty d remwing suoh
not&e for auoh adJcubuxl &ate&*
fkotion 5 of the kot relatlvo to the dreation of soil oon.servetloa Ulstriotr meda in part 186 follower
All ImndWa3ef8 rlthla the boandk%i't'h@ terrltoWae 4Otermlasd by the State Wail. C=oannetlcn &o&i, ahall '4 eliglblo to vote in ewh electlone CmXy such landamero ehall be ell&ble to vote.
9. The Euerd nbell pay 'all expenses far the lamema Or meh n0tiee11 and the (
Eleation laws of thlo P+ate, me t em hsrs; in athemlee praoideil, and ezeep e-tEmat the ballot ahall not be nutsbered or sarltsd l'or identl?icrrtioa purposee,
"I?. The Besir shall publish the result ot ewh l leetian and &e&l thereefter acme%- der,apU cetermlne uhether the opemtioa of the diBtrfot rit x$aft&t;;:
?i
Hon. V. C. h'arshall, Page 4
of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the Board shall determine that the opera- tion of such district is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the distrlot in the manner hereinafter provided. In making such determinstion the Board shall give due re- gard to and weight to the attitudes or the owners of lanes lying within the defined boundaries, the number of resident landowners eligible to vote In such election who shall have voted, the proportion of the votes cast in such election in favor' of the creation of the district to the total number of votes cast, the approximate wealth and inaome~o? the landowners of the proposed dlstriet, the probably expense of carrying on.erosion-control operations within such district, and such other economic and social factors as may be relevant to such determinations, having due regard to the legislative determinations set forth-in Section i2 of this Act, provided, however, that the hoard shall not have authority to determine thatthe operation of the proposed distriot within the defined boundaries is administratively praotiaable ana feaslble.un- less at least two-thirds OS the votes cast in the election upon the proposition of creating of the district shall have been cast in favor of the creation of such district.* Paragraph H of Section 4 or the Act provides that:
"The State Treasurer shall have the care and custody or all rude and securities of the State Board and shall be liable on his ofilalal bond for the lawful care, custody, application and disbursement thereof. Any funds coming in- to the hands of the Treasurer of this State, as hereinafter provided, Bhall be by him credited to a special fund to be known as the State Soil *5 Bon. V. C. Earshall, Page 5
Conservation Fund and the moneys hereafter deposited or credl.ted in suah fund are ‘hereby appropriated to the use and benefit of the State Soil Conservation Board, as may be by said Board used in compliance with this Act.
The Board shall provide and furnish a bieMie1 audit byna State Auditor and Effiaienby Expert and a report to the Governor of the State."
The appropriation for the use of the State Soil Conservation Board in the administration of the Texas Soil Conservation Law IS provided therein. The General Depart- mental Appropriation Bill of the 46th Legislature; Senate Bill No. 427, does not inolude the State Soil Conservation Board among the state departments and a~enaies It covers.
Section 14 of the Texas Soil Conservation Law calls for the appropriation or the sum of Ten Thousand ($10,000) Dollars for the purpose of areating and malntain- ing the State Soil Conservation Boar& until August 31, 1939. The purposes for which this s'um may be expended are not itemized.
Section 14a provides ror the approprfatlon of several sums for the two year period beginning September 1, 1939 and ending August 1, 1941. A speolfio sum is designated In each instance along with the purpose or purposes for wbiah it may be expended, Under' the head- ing "Expenses of District Organization, RearinSa, Referenda and Supervision" the sum or Six Hundred (8600) Dollars for the ear ending August 31, 1940, and the sum of Four Bundrea 1 $400) Dollars for the year ending August 31, 1941 are earmarked for publication of notices. Likewise, a sum of Six Hundred ($600) Dollars for the ear ending August 31, 1940 end the sum of Four Hundred ( % 400) Dollar8 for the year endinS August 31, 1941, are earmaFke6 for publica- tion or results. Also, a sum of Twenty-one Hundred ana Sixty 12,160) Dollars for the year ending August 31, 1940 and the sum of Fourteen Hundred and Forty ($1,440) Dollars for the year ending August 31, 1941, ere earmarked ror elec- tion of District Supervisors and a sum of Six Hundred (8600) D 11 fm QA‘ d¶q-August 31, 1940, snd FOUr Hun- d~ede~~40~~ Dollars for the year ending August 31, 1941 are earmarked tor publication of results and One Rundred and Twenty ($120) Dollars for the year ending August 31, 1940 *6 Ron. V. C. Farshall, Rage d b
and the swu or One Hundred and Eighty ($180) Dollars for the year enafng August 31, 1931 are earmarked for publica- tion of hearing notices.
St is, 0r oourae, elementary law that money appropriated by the legislature cannot be used ?or any other purpose than that specified in the ~appropriation bill without constituting a mieapRlioetion 0r public funds.
Ts!e quote ?rcm aonferenae opinion rendered by the Attorney General’s Department August 18, 1921, aa follows:
*It is the law ef the state that no part of the money appropriated by the legislature can be used for any purpose other than the specific purpose named in the appropriation bill. An expenditure for a purpose other than the one ?or which the money uas appropaiated would be a misapplicstion o? public ?unds. The Comptroller would not be authorized to draw its warrants on any runas or rar any purpose exoept the purpose name&-In the Act, and the Treasurer would be without authority to honor a warrant’ on any fund for any purpose except that named in the appropriation blll.R
This principle applies to all ‘the several slums of u,oney set forth in Section lk and their respeotive purposes. In other words, money appropriated for one pur- pose cannot be used ?or another purpose even if there happens to be a surplus in the former and a shortage in the letter tuna.
Regarding the method of selection, quallilaatlon end tenure of Soil Conservation District Supervisorsthe Act provides t
“All landowners within the dlstrlct shall be eligible to vote in such election. Only suah landowners shall be eligible to vote. The three (3) candidates-who shell receive the largest number, respectively, o? the votes cast in such election shall be the elected Supervisors for such &iBtriOt. The Board shall pay all the ex- penses of such election, shall supervise the conduot thereof in con?ormity with the General Election laws a? this State, except as hereigts otherwise provided, and except that the bellbfs *7 Ron. v. 0. Rarshall, P8g% 0
shall not b% nmb8r%d a marked for idontiti- oaticm purymau; almll pre8orikx8guhtL0ne ga*ean~t?io oonduet of suoh l le6tlorkur4tbo oi the oXi&bll.lty Qf 0ot.n dot%mlnatlon the&k, ad shall pobli8b tko notlrt6 tb%r%oi." R%#~H~thoadoptioa of l.%nWmo roeul%tioa% the 8tatds proddeer
a~oSupervi80r~ lrballmt &no l uther%t~ to annet 8uoh l8n6-uao mjpJatloacr~lnt0 lm untileft%rthoy eb%llh%Y%o%u%%adw not100 t0 b gi~~rr 0r tha intmtion to 008doot UL l l%%tio o, fo r %atml8aNn 46 %u8h lwl@8t1088 to the lan&mm%r%witbim thobounQsrk8of tbo 4lotrlotfor tboS.rlndloatioxw at* provalor al%approval of mxth oropowa n@a e m%, and uutil aftorths Sup%rvl%or%hav% ooMldom& th e r%%ult o r aueb l lutlon.... All lukawn%r8 rlthln tb dlstrtot #la&l be ol la oaamntdtydththo ~Gu~%rsl of this State, o 8% h%resm oth%lMu pro- vl&%Q, ada~optt tthe ballet %halln& k =T numbpd or nmrkod for ldantifioatlon piupo~. ..*. ~ViX’tUO Of tb% fOFU@0~8t&&t, ~OUU'Ol-O-
8p%etf'UlLy at?r%sed that it 18 the opinion of this dopart- ShOdd boua%w%r%da8foUast r%8tthstyoUrqU%8tioM Wh%a b. men %ad hi8 wife own a farm r1W.n the the torritciry as d%t%rmin%d brtbo 8t%k 8011 bouzUlarS%8%? bM%?t8tiO8 baPd 8nd.r88ido dthln .SltOh t%ZdtofJ, both tho hu%b%nU and ri?% ohall bo ontltled to rota Irr the olo%- tloDa he14 tnder the dot providead t&y %r% oth%rwS%o quall- flsd ttndor the Constltutfon tma lem oi this Bteito.
2. A larml%wxt%r in the Lnoorporated sltiea living OT tOWM Who OlVM hndS OUtsid th0 OCU'ptUatO ligit@ Of 8l.d city or tCmn within tho barurdrriO8 Of thO4iOX'rltoX'y aa U%t%ntlneU by tk St&o OoiZ Conematloa Boati would not be pemittod to rota In the oleotlua# hold under the Aat.
3. ?Fh%n 613 olcratfon 18 order%& by the ?kmld ln (I *8 Eon. v. c. E8rshall, Page a
propowl dlstrlot all lnndouno~'E rithin the botm4ariw of t-tory aa detenained M the State Soil ComenatIon Board shall be eligible to rote In sueh oleetlon6 aa4 only awh len4tmaer&! e&all k l llglble to rote, provide4 they are othorwln quallfled under the Constitution and lm~ ti. of this State,
4. Xaoorporated 6ltIes an4 towna should not
be inoluded as a par% ai a dlstrlot.
5. The State Board would not be pomltted under the lau to peat notioee oS an l leotlon or pub110 huarIoga rather then t+ publIsh emah notloes where there ir R nm8- paper or other publloatloa of generul olroulatlon dthln tke appropriate area or territory, in ~ompllanoe with Art. me, R c. 6,
6. Whon app rlatlonrr r0r posting notioee or holalig eleatlons are b l wted the Aot pmtldea no other means by *Ioh the E#rd may oontinw holdfng 8wh aloo- talons and poaflq notloe8 and pay ior the sam until there Is an appropriation by the legislature for uuoh pmrpasee.
7, The Aot wntain8 no pre~lsion authorizing the aOa+ in nttlag up dlatriote f&l amsltilng 1.n the operation or diatribts why iundei appropriated for theae spoltlo purposea 8x0 exhfmstedr
8. Tbe etatuts pratldgs that the Isou?d shall prvsorlbe reguletlons @Yeming the eonduet o? l leotiona an4 the 46tenainatlon of eligibility of voters therein. 9'3~ Aat prerarlbes no manner byrhiab tha Boar4 may amem- ble Inionmtien that will enable Judge6 at en l leot%on to d&endw who 1s +alSfiod to vote. Thle matter Is within the 41soretlon 0r the Fk?e4*,
Trusting that w have fully awverrd your inquiry, v* rcanala
very truly your8