Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AU8TlN

Honorable Bascom Glles, Commissioner

General Land Cffiar an&

Chairman Board ror Lease or Texas Prison

Austin, Texas

Dear Sir:

By your letter , 1939, YOU re- n the question qtmt the 0pinion or thi

or whether the axpenses board ror the lease or Texas Prison la sing the lands ror lease, may ba b Zexas Prieon

, you state that after rd ror the lease or Tex- 29, Fourth Called Session, no other appropriation has ns& of this board, and that as bean mada for the manses of advertis- ing for laase and leasing the Texas Prison lands: -- ..-.. - .--- y_-__--I .-.- . Ys.-“-.. a.“.^“.*“.--- .II--m”-UI . . . . . . ..“.“i.“m.L ea me” .“,mT.blv

Honorable Bascom Gllea, paga 2

By the J+2nd Legielature, an emergency approprla- tion was medr to extend to August 51, .3931, to the board iOr the lease of prison lands *to pay ror for bids and for contingent expense . . . $500.*

In the appropriation luldo by the same Legislature to the Texar Prison system, in the departmental appropria- tion bill, there appaarr thr item *for advertising for bids and aontingent expenses dt loaslng board . .)SOO.OW. (General Laws, k2nd Legislature, page 7&S.) In the dopartmantal appropriation par#ad by bill there appear8 the item in the appropria- ths 44th Legirlatur, tion tar the Texas Prison #p&em, wadrortfrlng for bid8 -- j l ,‘5oo’ (General Laws, 44th Legislature, lea&w page l12i. *On*

In the departmental appropriation bill passed by the l,5th Legislature, in the appropriations to the Texas Prison system, there appear8 the item “advertising for bid8 --leasing . . .$500.00n.

It thus appears that It has boon the legislative praotice to inoorporats an appropriation available for the expenditures involved in advertising and leasing Texas Prison land8 by lnaertlng an item in the departmental appropriation bill, under the maintenance and mlacellanrous expense8 of the Texas Prison system.

An examination of the departmental appropriation bill passed by ths &6th Legislature reveals that the 46th Legislature continued the praotiae. Under thr heading “Maintenance and Miscellaneour * In the appropriation nmda to the Texas Prison system in Senate Bill 127, Aots of the f+6th Legislature, Regular Session, there appears the fol- lowing item:

“Adverti sing for bids -- leasing * * * &25.00* (See Itrm 14, under tha heading "MlintemnCO ,(I page 113, Senate Journal and M.lscellaneow Supplement or June 13, 1939, aontaining the or the conference oommittre on thr dr- report partmental appropriation bill. )

Honorable Basoom Glles, page 3

You are therefore advised that the expenses or and leasing Taxas Prison lands are to be paid exclusively frc~ the Item appropriated iOr suoh purposes by the I&h Legislature, and appearing in the appropriation made to the Texas Prison system. This item may not be sup- ;l;T;tted from the appropriation made to the Gene+ Land

Trusting that thm firegoing 6atlsfaotorily annwars your inquiry, = are,

Yours very truly ATTORNEY GENERAL OF TEXAS Richards W. Fairchild Assistant RWF:LW

APPROVED DEC 4, 1939

GERALDC.MANN

AT’IDRNEY GENERAL OF TEXAS

APRROVEO OPINION c0?&¶1TTEB BY B. W. B.

CHAIRMAN