Untitled Texas Attorney General Opinion ( 1972 )

E L~TNDRNEU GENERAL OF-XAS Auwrrlv. TEXAS 78711 February 28, 1972 Honorable James U. Cross Opinion No. M- 1084 Executive Director, Texas Parks and Wildlife Department Re: Purchase of white- John H., Reagan Building winged dove habitat. Austin, Texas 78701 Dear Mr. Cross: You aek whether Article 87ga-6, Sec. 4(c), Vernon'E! Penal Code, and the current ffeneralAppropriation Act,* authorize@ your Department to expend any moniee for the acquisition of a white-winged dove habitat. Our anewer is!that the authority contained in thle Article of the Penal Code is sufficient pre-existing law under Article III, Section 44 of our Constitution to support an appropriation for this purpoee. However, neither your Department, nor our office, find any appropriation of monie& in the current General Appropriation Act for this purpose. Therefore your Department ie not authorized to expend any monies for this purpose. Tex.Con&t., Art.VIII, Sec. 6. -SUMMARY- No appropriation of funds exists for acqui- &ition of a white-winged dove habitat authorized by Article 87ga-6, Sec. 4(c), V.P.C. *S.B. 11, Acts 62nd Leg., 1971, R.S., aL!amended by S.B. 7, Acts 62nd Leg., 1971, 1st C.S. -5300- Honorable James U. Crose, page 2 (M-1084) Prepared by Dunklln Sullivan Assistant Attorney General APPROVED: OPINION COMMITTEE Kerna Taylor, Chairman Bill Allen, Co-Chairman John Reeves Llnward Shivers Bob Flowere Rex H. White, Jr. SAMUEL D. MCDANIEL Staff Legal Assistant. ALFRED WALKER Executive Assistant NOLA WHITE First Aeelstant -5301-