Case Information

*1 The Attorney General of Texas

December 28, 1979

MARK WHITE

Attorney General

Mr. Evans N. Wents Opinion No. NW-12 0 Executive Director

State Commission for the Blind Re: Whether the Blind P. 0. Box 12866 Commission may maintain certain Austin, Texas 78’711 fun& outside the state treasury. Dear Mr. Wentx:

You inquire about the following rider to your appropriation which is included in the current appropriations act:

Funds accruing to the Commission for the Blind from the operation of food vending facilities shall be deposited to the State Treasury and such funds are hereby appropriated

General Appropriations Act, Acts 1979, 66th Leg., ch. 843, art. IL You ask whether you must comply with this provision. The funds at issue derive from food vending machines operated by blind people on federal property. Federal law provides authorization for this program and directs the use of funds set aside from the net proceeds of the operation. 20 U.S.C. SS 107, 107b; 41 C.F.R. SSlOl-20.200 - 101-20.209. The Blind Commission administers the program for the state. Human Resources Code ch. 94. It is suggested that the funds are trust funds which cannot be deposited in the state treasury. See Friedman v. American Surety Co. of New York, 151 S.W.2d 570 (Tex. 1941); Manion v. Lockhart, 114 S.W.2d 216 (Tex. 1938). In our opinion, federal law does not prohibit the deposit of these funds ln the state treasury. The law earmarks certain funds for particular purposes but does not establish procedures for handling them. 20 U.S.C. SS 107l$2), 107d-3(a). See also 45 C.F.R. S1369. The quoted rider apprcpriates the funds placed in the treasury. They are available to be used for the purposes specified by federal law, and thus the Commission is required to deposit them in the State Treasury.

SUMMARY Funds accruing to the Commission for the Blind from the operation of food vending facilities shall be p. 376

Mr. Evans N. Wentz - Page Two (lW-120)

deposited in the state treasury as required by rider to the appropriation act.

MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR.

First Assistant Attorney General

TED L. HARTLEY

Executive Assistant Attorney General

Prepared by Susan Garrison

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

. C. Robert Heath, Chairman

David B. Brooks

Bob Gammage

Susan Garrison

Rick Gilpin

Bruce Youngblood

P- 377