Case Information
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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GERALD C. MANN ATTORNEY GENERAL
Honorable Lon Alaup Executive Secretary-Director State Commission for the Blind Land Office Austin, Texas
Dear Mr. Alaup: Opinion-80, 0-5545
Res, Thatcher or not Itom 1 through Ifom 17 a in the appropriation for the state Commission for the Blind, as passed by the 48 th Legislature may be used for any purpose other than as set out in the Appropriation B111
Your reguent for an opinion upon the above subject- matter is as follows: "Please advise this department whether Ifom 1 through Itom 17 a in the appropriation for the State Comission for the Blind as passed by the regular session of the 48 th Legislature, may be used for any purpose other than as set out in the appropriation B111. This opinion is needed to satisfy the federal government with reference to recent legislation passed by the national Congress."
Senate Bill 80. 332, Chapter 400, 48th Legislature, Regular Session - the General Appropriations Act for the Executive and Administrative departments - Items 1 to 17a, Inclusive, with respect to purpose is as follows:
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BONorable Lon Alsup - page 2
*FOR THE YRARS
| | | Beginning | Ending | | :--: | :--: | :--: | :--: | | | SALARIES; | September 1, | August 31, | | | 1. | 1943 | 1948 | | 2. | Secretary to Exocutive | | | | | Secretary-Director | 1,500.00 | | | 3. | Statistician-Bookkeoper | 1,520.00 | | | 4. | File and Record Clerk. | 1,350.00 | | | 5. | Placement Agent | 1,500.00 | | | 6. | Placement Agent | 8,100.00 | | | 7. | Supervisor of Industries and | | | | | Home Teachers and Interviewer | 1,500.00 | | | 8. | Rye Medical Social worker... | 1,500.00 | | | 9. | Lighthouse Supervisor. | 1,200.00 | | | 10. | Lighthouse Supervisor. | 1,200.00 | | | 11. | Lighthouse Supervisor. | 1,200.00 | | | 11a. | Lighthouse Supervisor. | 1,200.00 | | | 12. | Lighthouse Supervisor. | 1,200.00 | | | 12a. | Lighthouse Supervisor. | 1,200.00 | | | 13. | Home Teacher. | 1,200.00 | | | 14. | Home Teacher. | 1,200.00 | | | 15. | Home Teacher. | 1,200.00 | | | 16. | Home Teacher. | 1,200.00 | | | 16a. | Home Teacher. | 1,200.00 | | | 17. | Home Teacher. | 1,200.00 | | | 17a. | Home Teacher. | 1,200.00 | |
The Constitution (Article VIII, Sec. 8) declares: "No money shall be drawn from the Treasury but in pursuance of specific appropriations made by lav; o o o.
This requires specificnese as to purpose, and likewise as to amount. The items above quoted are specific, within the contemplation of the Constitution.
It is implicit in this language also, that an appropriation of public money for a specific purpose may not be used -- drawn from the treasury -- for any purpose other than that specified. In other words, a specific appropriation for one purpose is the very opposite of an appropriation for another purpose.
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Nonorable Lon Alaup - page 3
Fron thoge conalderations it follows as of course that your question should be anewered in the negative, and is accordingiy so anewered. This is in accord with the docisions of this state and the opinions of this Department.
AFFROVEDAD 27, 1943
very truly yours
ATTORNEY GENEHAL OF TEXAS
By
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