Case Information

*1 E L~TNDRNEU GENERAL

OF-XAS Auwrrlv. TEXAS 78711 February 28, 1972 Honorable James U. Cross Opinion No. M- 1084 Executive Director, Texas

Parks and Wildlife Department Re: Purchase of white- John H., Reagan Building winged dove habitat. Austin, Texas 78701

Dear Mr. Cross:

You aek whether Article 87ga-6, Sec. 4(c), Vernon'E! Penal Code, and the current ffeneral Appropriation Act,* authorize@ your Department to expend any moniee for the acquisition of a white-winged dove habitat. Our anewer is! that the authority contained in thle Article of the Penal Code is sufficient pre-existing law under Article III, Section 44 of our Constitution to support an appropriation for this purpoee.

However, neither your Department, nor our office, find any appropriation of monie& in the current General Appropriation Act for this purpose.

Therefore your Department ie not authorized to expend any monies for this purpose. Tex.Con&t., Art.VIII, Sec. 6. -SUMMARY-

No appropriation of funds exists for acqui- &ition of a white-winged dove habitat authorized by Article 87ga-6, Sec. 4(c), V.P.C.

*S.B. 11, Acts 62nd Leg., 1971, R.S., aL! amended by S.B. 7, Acts 62nd Leg., 1971, 1st C.S.

-5300- *2 (M-1084) Honorable James U. Crose, page 2 Prepared by Dunklln Sullivan

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

Kerna Taylor, Chairman

Bill Allen, Co-Chairman

John Reeves

Llnward Shivers

Bob Flowere

Rex H. White, Jr.

SAMUEL D. MCDANIEL

Staff Legal Assistant.

ALFRED WALKER

Executive Assistant

NOLA WHITE First Aeelstant

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