Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Fred Maurita, Chalman
Cl&as k Ahocouts Committee
The Senate
Austin,Teras
Dear Senator Xaaritz:
Your latter of re nion in aomeotion with the above subjeoli matt
We request that you otion nfth the herein- asstaptions and the qbes- tea WE8 fonnsd parsaanO to the at entered into alth Enrl.oao Oer- contzact ie attaahed.
"1 gm lnfcrmed that $10,000 of the $60,0&W which NWJ to be raised from outside scureea was never raised and was not paid to,Gemoahio, bat that (lerriwmhto gave a receipt in fal1~l.n oidei to prevept the $85,000 state appropriation fma lapelng imU that the state appmpriaflon was then expended.
'%Norable Fred XaurIts - page 8
-1 am also Informed that Cerraaohlo was arrsured that the remaining money owing to him would be raised but that this has never bean done.
wAmumlng the above faots to be correot doss the Legislature hare authority-to make an appropriation to pay')Br. Cerraoohio the $10,000 *hioh was to be palU to him but whioh was not raised or paid ta him fma 'other sonroes?**
You are raspeatfully advised that It Is the.opio- Ion of this department the Legislature would have no auChc+r- ity to make an appropriation In payment 0r Mr. Carraaohiota a1al.m.
Chapter 49, Senate BI.l.l.No. 79, 6f the 58th Leg&- latare, referred to by you, is as follows,r
*sEaTIol!I 1. There 3.6 hereby appmptiattid -out the State Txsasn~ ths S&II of twenty-f%ve thousand dofiari (#SS,OOO.OO) to be used as prpvidkd hereln'in the sraotlan of a mdnumex& ,~JL:ss~~o~~ sr~n x0~13t0it j 4~ fhtuv6;g...~~ &a~wn the pat&et, military geriarql, president and govarnor of tha Rapobllo of Texas and the Stats .of Texwii.
Wm. 8. That said ,eum OS twenf+fivr~ thousand (#88,090.00) dollars shall ba available for tha puxyasa of .ereaClng rrald monument only when as mush as ~IittyChotreand,((S0,00Q.00) dol- lars shaS1 hare bben.rafsedand expandad from atier.eoumes.ior said .pmpose, making a total of not lsss than seventy-five thousand (76,000.
00) dollars to be paid ?or said msnnmsnt.
aThe Qovsrnor Is herabx~authorleed to appoint a ~oomml6oee of suoh numbers as he shall detamine, whIoh oommIttse~shal1 have the power to appoint a sub-sommItke of not less than ilve (S) members-, whlah aosmittes or uub-ocmulttee shall bate sub- rittea to It for its approval the design, plan, speoiff~atlo~, oondraot and loaation oi the Mona- rent.
Honorable Fred MaurItz *- page 3
*All oontraats shall be between the oon- traotor on the one hand and the State of Texas by and through the oommlttee appointed by the Governor or the sub-ooamIttee thereof, and the coma&tee In oharge or ralsl-ng funds from other sources, on the other hand.
“The contra& shall be sIgned by all rnem~~ hers of the oommIttee ror the State or sub- oonmittee and by the duly aathorlzed persons In ~’ oharge or the aolleoflon of l’uads rmm other 8ouraes.
-It Is requested Ii praotlaable that there . be Insqrlbed and engraved on the base of the monument the names of dl the officers and sol- la the Battle of San JaaInto diers partlalpatlng and also a brief history of' the oampalgn relat- ing to the surrender Santa Anna.
*It is also requested ii practioabla, that the monument ,$#J oonstruated from mlnerala, stone or other materIa&e tnxa the State of Texas, and that the arohlketiture,~ plan sad design, soulptor and othem employed, Abe natia, ~oiflaens pi the State.of Texcis:
*The appropdatlon here&n made shall be avall- able ror two years froa the flat day of September, A. D. 1929, but shall not be paid out until the perfoimanoe of said aontraot .and the aooeptanae of.
the monument by both oommlttess; and shall then be paid out on twoxn aoqount appreved by the said aom- nittee appointed by the Governor and also on ap- proval or the aooouut by.the Governor.* III of the Conetitation provides:
SeatIon c4 of Artiole *The LegIslCtore shall provide by law the oompensatlon or all orrioers, servants, agents aud publIa oantraotors, not provided for in this Con.- stltutlon, but shall not grant extra ooapensatlon to any offloer, agent, eervant, or publlo oontraat- shall have been per- ors, after suoh poblle senlae roaaed or oontraot entered Into, far the perfoxm- anoe of the sane; aor grant, by sppmpTiatIOn Or otbernise, any amount of money out of the treasury of the State, to any-individual, on a alaim, real or prat,endQd, when the same zhp; tot havs been provided for by pre-existing law; .
Honikible Fred Maurltx - page 4 law, other than Chapter 49
There Is -no pre-exletlng above gupted, that poo8Ibly oould authorlse the appropriation to pay the olala of Mr. Cerraoohlo. This Aot not only does not authorize the appropriation, but on the oontrary, It very definitely limits the lIabllIty of the State to the speolflo sum of ~25,OOQ.OO therein authorized, and whloh, under your statement, has been fully paid.
Similar rulings have been made In the following In- stanoes by this department: Opinions Nos. O-226; O-669; O-1013: O-1203; Confersnoe Opinion 3012; O-693; o-1750, and See, also! O-2747.
Austin Watlonal Bai& Y. Sheppard, Comptroller, 71 S. W. (2) 242; CorsIoana Cotton Uills v. Sheppard, Comptroller, 71 8. W. (2) 247; State v. Parlsteln, 79 S. W. (2) 143; Fort 'Worth Oavalry Club Y. Sheppard, Comptroller, 83 S. W. (2) 660; State v. Ragland Clinlo Hoepl~tal, 159 5. W. (2) 105. as above
Your question, therefore, 1s avered Indloated. ~.: ‘I.,bY' pi _ ..A
Very truly yburi ATTOlUiEY OJCHERALOFTEXAS OS-XR
AFPROVEI) APR 12, 1943
/s/ awald 0. Xann
ATTOFllVlRa~LOFTEXAS
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