opriation for the 2, 48th Legislature er Article 4351, Te- vised Civil s iency expenditures by the Boari

IFund is not sufficient, the remainder of the above ltemlzad appropriations shall be psid out of the funds cDlleoted from the sale oi distill ?d spirits, wins and beer stamps in the proportions that the to&al revenues received therefrom bear tsone anothrr. Under no circwstances shall =ny money be spp:,opriated from any fund for the ad.ministration of this act except as itemized above.” *2 Honorable Bert Ford, Administrator page ^[2] Artlole 4351 is a general law. It is designed a means wherehy agenoles to provide of the State Govern- ment whore appropriations may Broome exhausted prior to the State for the a me&tine of the Legislature may bind the expenses neoessary to be lnour- paymnt of rassonabls red by the sgenoy in order that the funotlons devslvsd by law upon it may be dlsoharged during the period following exhaustion of its appropriations and until the next meet- ing of the Legislature. Fstabllshlng as it does suoh a wholsroma pub110 pollcg, a purpose to suspend, repeal or amend Artlole 4351 1s ::ot to be presumed, nor should language which may reasonably ba harmonized with suoh policy be construed to embody an intent to suspend it in whole or in part.

x it was the intention of the Legislatureto deny to the Governor the power durlne the blen- ctwrent nlum to approve deficiency expendltmes by the Liquor J 3oard, under the provlsloas of Artlolc 4351, apt Control language w-t used to express that intant. Derioienoy allowanoes under Article 4351 are not appropriations, henoe the first sentenoe of the rider does not arreot the power granted under that Article. The language ot v the second sentenoe of the rider prohibits the approprla- tlon of money Vrom any fund for the adslnistratlon of this Act . . .” The word’s *this Aotv the Act refer to in which such words sppesr, to-wit, Senats Bill 332, ror there 1s no previous reference in the to any/ rider other enactement. The rider, then, does not prohibit appropriations necessary to admlnistzr the piovlslons ,ot Article 4351 in accordance with its terms.

We oonstrue the last sentence of the rider as prohibiting the 12~6 of vng i’znd to pay the appropriations made by Senate Bill 332 to the Texas Liquor Control Boar6 exoept as speolfied in the rirst two sentenass of the rider. we therefore advise that the rider does not in. any wise ai-1/- rest the power conferred upon th6 Governor by Article 4351.

Very truly yours ATTORN3Y GZNZXL OF TU.\S BY R. ii'. Fairchild Assistant RbF:MR

APPROV?D DT;18, 1943

CROFT SELLYRS

FI3ST ASSIs’P:Nl’ ATTORIIX GEN??AL