*1 OFFICE OF THE ATTORNEY GENERAL AUSTIN

Austin, Teraa

Dear Sir;

th further raf&enoe Of our '0plxlioR ,yoamahthe faetr or creation or a Tarletea College. Be- ArtlOle 4551 of the Rsrlred StaOPtse of Texas and Artlale s, section 49 ur the uQm3titotlon of. Texer.

You further state that at the tina the deflo-

ltumy wnrrant was authc&eed tQ be issu8U by the Oarernor, there was no pro-er1cltl.q valid law authorizing the emotion of this building.

Hon. r_. I!. Thornton, Jr., IGay 2, 1939, Page 2.

You ask. the opinion of this Department upon the question as to whether or not the Leglslsture, under the foregoing state of facts, now has the authority to appropriate the sum of $75,000.00 for the purpose of paying the deiiclency warrant aloreznentloned. 44 0r the constitution or the Article 3, Section

State of Teras , provides In part as followar "The Legislature . . . ehall not grant . . . . by appropriation or otherrvise, any amount of money out of the Treasury of the State, to any indlvldual, on a olaim, real or prrtsnded, rhea the same shall not have bean provided <or by pm-existing law; . ..w Publla oltioea ad oftioen are oreatursa or the &w, and their porera and dutler are neoersarlly desinea aad llmlted by law. X ooatraot antwea into by a pub110 offioor fm the State, without express ar implied. l u+.horlty upon that Offfaer by law tu meka the partloular 00oiumd oontraot, glvee rise to ao such leti abllgatloa as would be anforoed by the oourtn against~the Stat., in the event the Legleletura should pennlt the atate to bo ad.

A olalm fmed upon a oontmot thus made rithout the authority from the State to the oirioar to make it, ia not a olalm provldea for by pre-exl~Mng law, and there- Soru fall8 within thb oondemmtfon of the Arti of the Ooaetltution or the State of Ten8 above rerdrrad to.

Port worth Cavalry Club ~8, Sheppard (~Suprem~Cuurt), SS 8. 1. (al) 660,

Artlole 1183 of the Penal Code of the State ei Tuna prmlde8 that any member or a governing board of aux eduoa- tloaal lnatftution who shall ooatrqot or provlds ror the emotion or a building or other improvement not authorlmd by spaoiflo leglslatlve maaotmeat, or by tittea dlreotioa OS the Govsruor aotlng under and ooneieteat with the authority of srieting lawa, shall be imprisoned fn Jail not leas than ten days nor more thaa six montha.

Art!$ls 2dlSa-1, BB amended, Acts 1933, Forty-third Legislature, 1st Called Seaaion, page 195, Chapter 79, SeO- tlpn 1, provides:

"The Board of Dlreotors of the A&- and Meohaniaal College Of Texas ie

oultural *3 Iron. E. Y!. Thornton, Jr., May 2, 1939, Page 3.

hereby authorized to aontract with persons, firms, or corporations for the purohase or, or the acquisition of, or the erectfon of per- manent Improvements on or conveniently looated in reference to the campus of said oollege, or to the oampuses of any or all of Its branoh institutions, and to purohaae, sell, or lease land8 and other appurtenances for the construo- tion of auoh permanent lmprovemente, provided that the State of Texas incurs no indebtedneea under the contract." 4351 gives the Governor of the State Artiole

Texas authority to approve the lssuanoe of 4efioIenoy rarraata only at the lnstanoe of persons entrusted by the Stats with the power or duty of oontraotlag for sup- plies, or In any manner pledging qe credit uf the State for any dafioienoy that may aria& under their -guWnt ur oontrol. It roimfs that if pamon applying to the Governor for a dsfioienoy wurrant approval he8 not been eutruated by .the Stats with the power of pled&g the oredit of the state for the partioular defloleaoy whIoh is the barris for the is#WUMe of the warrant, the Govamoti leoka the pawsr ruder ArLrtiols 4551 to approve the lammnor OS the defloienoy warrant.

The offioials of the eauoatlonal lnatltutloa referrod to being wIthout authority frcm the State to pidge th8 oredit or the 8t.m r0r th0 43~0tbi 0i thti buIldlug referred to, the aot OS t&a Governor in approv- w the ieammie of the dafiolenoy warrant is uholly in- rfraotIv0 to give any r~lidity to ruoh unauthorimea ooatraot, regardlean at the faot that the (SOO,OOO debt limit impsod by statute ana by tbo Ooaetitution was not Sxoeeded by miuur00 0r the ddwi~n0p mmnt rmmtd to.