Untitled Texas Attorney General Opinion ( 1939 )

Gerald C. Mann
Hon. Tom C. King opinion NO. o-1663
State Auditor and Re: Authorization of institutions
Efficiency Expert of higher learning to expend moneys
Austin, Texas for any purpose in which a Qsgis-
lator 1s party” could be embraced.
Dear Sir:
We acknowledge receipt of ,your letter of November
2, 1939, the ,.body of which reads as follows:
“The audited accounts of one of the state
institutions of.Ngher learningfor the fiscal
year. just’ ended show an expenditure, from funds
derived from institutional receipts, in the
amount .of $624.00, for a ‘legislators’ party’.
This represents expenses incurred In entertaln-
ing a group of legislators on a week-end visit
to the school.
“Your. attention Is directed to Article III,
Section 48 of the Texas Constitution, and I re-
spectfully.request your opinion on the following
questions:
“(1) Was any school granted aut’hority to
spend moneys for any purpose in which this party
could be embraced?
“(2) If such a grant of authority was made
was it violative of the provisions above referre b
to, and/or any other controlling law?”
The statutes contained in Chapters 1 to 10 inclusive,
of Title 49, Vernon8s Texas Statutes apply to instiLations of
hlg her learning . An examination of Iihe statutes therein con-
tained reveals no authority for the expenditure of funds derived
from institutional receipts for the purpose set out in your opln-
ion request. Article 2654d, Ch. 9a, supra, states that the gov-
erning boards of the various Institutions of higher learning
shall have control of certain funds Uin carrying out the functions
of an educational institution.” The expenditure under considera-
tion could not be termed a function of an eduaatlonal institution.
Hon.,.Tom C. King, page 2 (o-1663)
Chapter 444 of the Acts of the 45th Legislature.
Regular Session makes appropriation for the support and
maintenance of i?.tate institutions of higher learning; : Se&:.
.tion 2 (a) of the act provides “that all balances in the
Institutional funds of the several State institutions named
in this act . . . are hereby appropriated for the support,
maintenance, operation and improvement of said State instf-
tutions during each oft the said fiscal years, respectively.‘~
Subsection 3 of the generalprovi5ions of this’ ‘a&$,contains
the.. follow-ing *provision’::~ ,’ ~ : _,
)tSa&.o’ governing
~ boards a’re authorized
to use ,out. of,the proceeds of said receipts
and funds, in accordance with the provisions
of this, act,,such amounts as they shall deem
.necessary for the: suooort.‘.mit%n’tenance ‘..,
onerat ion and’‘imor.ovement .-of 1,.said: ,Qist tutfon’s .‘fi
(ZTnderscoring ours.)
:
I:t!i:s-. clear f3xm.a. eesu.al ~e.xaii&natSon~ of’ this appro-
priation bill that then Legislatures had: no int.ent:ion of. au-
thorizing an expenditure for. any purpose otherthanthe’ main-
tenance operation or $mp~rovememtoft then State’,. i’nsti,tutfons of
higher iearning~. Since we: therefore- answer your ,first’ques-
tion in the::negative,l it be~oomesunnece~ssary to’consider the
second.
APPROVED JAN-:12; 4$+0 YoUrs very. truly
/s/ W. F. Moore ~:’
FIRSI ASSISTANT : ATTO&& GENERAL ATTORNEY GENERALGF’TEXAS ~_,
APPROVED:OPINION COMMITTEE By /s/ Ross Carlton
BY: prE, .:cH~AIBMg
: ” : Ross Carlton, Assistant
RC:RS:wb
.,,
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