Untitled Texas Attorney General Opinion ( 1958 )

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Dr. James A. Turman Opinion No. WW-374
Executive Director
Texas Youth Council Re: Can the Texas Youth Council
Austin, Texas with the prior approval of
the Governor transfer into
one account certain appropri-
ations made to the Gatesville
State School for Boys in
House Bill 133, Acts 55th
Legislature, Regular Session,
Chapter 385, page 914, and
Dear Dr. Turman: related question.
Your request for an opinion concerns the authority of the
Texas Youth Council, with the prior approval of the Governor,
after obtaining the advice of the Legislative Budget Board, to
consolidate certain appropriation items made to the Gatesville
State School for Boys into one account. Disbursements would then
be made from the single account for the accomplishment of certain .. .
authorized improvements, as described in each of the affected items,
The two specific questions presented for our determination
are as follows:
“1. In order that the low bid received may
be accepted and the new unit for younger boys con-
structed in the most economical and least confusing
manner, can the Governor, with the advice of the
Legislative Budget Board, approve the transfer into
one account, the appropriations shown in Line Items
8, 9, 10, 11 and 12, Section 1, Article II, H. B. 133,
Acts of the 55th Legislature?
“2. If the answer to the above question is
in the affirmative, can the Comptroller approve claims
and issue warrants covering the cost of constructing,
equipping, paying architect’s fees and furnishing said
unit for younger boys from the consolidated account
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Dr. James A. Turman, Page 2 (‘WW-374)
made up of funds appropriated in Line
Items 8, 9, 10, 11 and 12, Section 1, Article
II, H. B. 133, Acts of the 55th Legislature?”
The answer to the questions submitted hinges upon the
construction of items 8, 9, 10, 11 and 12 of the appropriation made
to the Gatesville State School for Boys by House Bill 133, Acts
55th Legislature, Regular Session, Chapter 385, page 914, same
being the current Biennial Appropriation Act. The items provide
as follows:
“Out of General Revenue Fund:
For the Years
Ending
August 31, August 31,
1958 1959
” 8. For constructing, equip-
ping, paying architect’s
fees and furnishing 4
dormitories, approxima-
tely 40 beds each, and Unexpended
a superintendent’s home $192,500 Balance
‘$9. For constructing, equip-
ping, paying architect’s
fees and furnishing one
school building, consist-
ing of 6 classrooms, 1 Unexpended
woodshop and 4 offices. , . 54,000 Balance
“10. For constructing, equip-
ping, paying architect’s
fees and furnishing one
kitchen and dining room
to serve additional Unexpended
dormitories. . . . . . . . 38,500 Balance
“11. For constructing exterior
walks and paving to serve Unexpended
new facilities . . . . . . . 7,000 Balance
.
“12. For repair of or addition
to existing sewage treat-
ment plant, and repair
or replacement of water lines
Dr. James A.. Turman, Page (WW-374)
Unexpended
as necessary. . , . . . , . . . . 26,000 Balance
As you have pointed out in your request, the State Board
of Control has employed an architect, who in turn has prepared a
stngle set of plans and specifications covering all items of work
provided for in line items 8, 9, 10, 11 and 12 quoted above, The
employment of a single architect to prepare a unified set of plans
and specifications eliminated the necessity of employing an archi-
tect to prepare plans and specifications for the work authorized by
each item, thereby reducing the costs for this phase of the work.
You further state that the Board of Control has advertised and re-
ceived bids for all of the work authorized by items 8, 9, 10, 11 and
12 on a collective or lump sum basis, rather than calling for and
receiving separate bids for the work authorized by each individual
item. In accordance with its determination that such procedure
would be economically feasible, and result in a saving of the funds
affected, the Board of Control, provided same is authorized, will
now award a single contract, which will provide for:
1. Constructing, equipping, pay-
ing architect’s fees and furnish-
ing 4 dormitories, approximately
40 beds each, and a superintendent’s
home ;
2. Constructing, equipping, pay-
ing architect’s fees and furnish-
ing one school building, consist-
ing of 6 classrooms, 1 woodshop
and 4 offices;
3. Constructing, equipping, paying
architect’s fees and furnishing
one kitchen and dining room to
serve additional dormitories;
Dr. James A. Turman, Page 4 (WW-374)
4. Constructing exterior walks
and paving to serve new
facilities;
5. Repair of or addition to exist-
ing sewage treatment plant, and
repair or replacement of water
lines as necessary.
The foregoing includes all items of construction and improvements
authorized by line items 8, 9, 10, 11 and 12. The contract treats the
work, authorized by each of the foregoing line items, as a singie
project rather than five (5) separate and distinct projects, thereby
eliminating the necessity for receiving bids on and awarding five
separate contracts. Both the Board of Control and the Youth Council
have ascertained that award of the contract on a single project basis
will enable all of the authorized work to be accomplished in the most
economical and expeditious manner possible.
We believe that the effect of the underscored language’, which
immediately follows line item 12, supra, is to make each of the five
line items, with which we are here concerned, interchangeable, pro-
vided, of course, that the prior approval of the Governor is obtained.
We further believe that the work authorized by line items 8, 9, 10, 11
and 12 may be included in and awarded as a single contract subject
to the important qualification that the performance of each and every
item of work authorized by each of said line items is provided for in
such contract. With the prior approval of the Governor, the sum
appropriated by line items 8, 9, 10, 11 and 12 may be consolidated
into any one of said line items, and the Comptroller of Public Accounts
is auth,orized to make disbursements therefrom in accordance with
the terms of the contract. This conclusion is supported by the hold-
ing in Attorney General’s Opinion NO. WW-329 (1958). The effect of
that portion of the Act which provides for the advice of the Legisla-
tive Budget Board was covered hy Attorney General’s Opinions num-
bered WW-282 (1957) and WW-329, supra, and in the interest of
brevity will not be repeated here. Therst opinion was addressed
to yollr off ice.
SUMMARY
The Texas Youth Council, with
th.e prior approval of the Governor,
can transfer into one of said items
the appropriations contained in
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Dr. James A. Turman, Page 5 (WW-374)
items 8, 9, 10, 11 and 12 of
the Appropriations made to
the Gatesville State, School
for Boys by House Bill 133,
Acts, 55th Legislature,
Regular Session, Chapter
385, page 914, subject to
the conditions set forth
above, The Comptroller
of Public Accounts is au-
thorized to approve claims
and issue warrants on said
consolidated account cover-
ing the costs of projects
authorized by said items.
Yours very truly,
WILL WILSON
Attorney General of Texas
By q... &#r.,,..L4.L La?<.*
Leonard Passmore
Assistant
LP:wam:ps
APPROVED:
OPINION COMMITTEE
J. C. Davle, Chairman
B. H. Timmlnr, Jr.
Ralph R, Rash
John Reevrr
REVIEWED FOR THE ATTORNEY GENERAL
BY: W. V. Geppert
,