Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN GROVER SELLERS ATTORNEY GENERAL
Hon. Gibb gillehriat, President Agricultural & Meohanioal college of Texas college station, Texas
Dear Sir: Opinion No. 0-7200 Re: Under the Educational Appre. priation bill can any unex. pended balenoo remaining in ttema loa and lob at the oxg. ration of the fiseal year th. ing August 31, 1946 be legat by expended for the same perpeod during the fiscal year anding August 31, 1947?
Your letter of recent date asking our opinion on the above subject reads as followor: "The Educational Appropriation bill for the orrent bientum (che ptep 377, neneza and special laws -46th Legislature, Tegular Session, pages 695-6) 1 ooludes the following items under the heading of Agricultural and Mechanical college of Texa - Hato Fxtraware, Divisions - Engineering Experiment Station: "10a Aerodynanic research, includis wind tumnal completion and opo re- tion, flight test research as 10 - riga, wakes, equipment, trevel and supplies for the fiscal year ending June 31, 1946 "10b: Cheaurgio research for basic re- vestigation in Texas raw matenle. and agricultural products ineizs.
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Hon. Gibb gilohrist - Page 2
ing salarles, wages, equipment, travel and supplies. For the fiteal year ending August 31, 1946 $25,000.00 For the fiteal year ending August 31, 1947 $25,000.00 "Provided that any unexpended belance remaining in itome 10a and 10b at the expiration of the fiteal year ending August 31, 1947, is hereby reappropriated for the same purposes for the fiteal year ending August 31, 1948. "Since the Legislature cannot make appropriations for a longer term than two years and since there is no appropriation under item 10a for the fiteal year ending August 31, 1947, it is obvious that it was the intention of the Legislature to reappropriate any unexpended belance remaining in itens 10a and 10b at the expiration of the fiteal year ending August 31, 1946, for the same purposes for the fiteal year ending August 31, 1947, and that its failure to do so is the result of a eloripal or typographical error. Therefore, we are subnitting to you for a ruling the question of whether any unexpended belance remaining in itens 10a and 10b at the expiration of the fiteal year ending August 31, 1946 can 1 eguily be expended for the same purposes during the fiteal year ending August 31, 1947."
Seetions 10a and 10b, as quoted above, are taken from House Bill 4175 as passed by the 49 th Legislatere, 1945. The eaption of the Bill reads as follows: "An act fixing appropriations for educational institutions of higher learning, and deelaring the policy thereof; preseribing eartain rules and regulations to be followed
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Hon. Gibb Gilehrist - Page 5
In determining said appropriations; requiring audits; making appropriations for the support maintenance, buildings, and improvements of the several state institutions of higher learning for the two fiseal years, beginning September 1, 1945, and ending August 31, 1947, both dates being 1 ye; and for certain other educational agencies of the state; preseribing certain resirletions concerning the expenditures of said appropriations; containing a saving clause; and deelaring an emergency." (Underseering ours)
It is to be noted that no wording in the eaption could leave even an implication that it was the intention of the drafters of the bill to make an appropriation for any period or periods other than the two fiseal years, i.e., September 1, 1945 to August 21, 1946, and September 1, 1946 to August 21, 1947. Article 8, Section 6 of our Constitution prohibits the Legis1ature from making an appropriation for a longer term than two years. Therefore, should we attempt to give the wording found immediately following section 10b, as quoted above, its apparent meaning, we would run aground with the Constitution and find the attempted appropriation to be void.
There is a provision similar to the one you have pointed out found in the same appropriation bill (see page 906, General and Special Laws, 49th Legislature, Regular Session, 1945). This provision reads as follows: "It is provided that any funds appropriated for Subatation No. 21, for building construction, which are not expended during the fiscal year ending August 21, 1946 are hereby reappropriated to the fiscal year ending August 21, 1947."
We believe it was the intention of the Legislature to reappropriate the unexpended balancea remaining in Itens 10a and 10b at the end of the fiscal year 1946 for use in accomplishing the same purposes during the fiscal year ending 1947, and that figures 1947 and 1948 were inadvertently used.
You are advised, therefore, that it is the opinion of this department that any unexpended balance remaining in Itens
*4 10a and 10b at the expiration of the fiseal year ending August 31, 1948 may legally be expended for the same parpose during the fiscal year ending August 31, 1949.
Trusting the above fully answers your inquiry, we are
Yours very truly ATTOENRY GENERAL OF TEXAS
By /a/ R. M. Bodeurin Assistant
Approved Apr 29, 1946 Carlos C. Ashley First Assistant Attorney General Approved: Opinion Committee By LPL Chairman
EHDeO: 87:432