Untitled Texas Attorney General Opinion ( 1965 )

December 9, 1965 Mr. F. R. Booth Opinion NO. c-563 Executive Director Texas Water Rights Commission Re: Whether Section 11 of BOX 12396 Article 7477, Vernon's Austin, Texas 78711 Civil Statutes, Includes, by Implication,authorlza- tlon for the Comptroller of Public Accounts to es- tablish special accounts for the receipt and dls- bursement of funds received by the Commissionby be- Dear Mr. Booth: quests and gifts. your letter of October 26, 1965, requesting an opinion of this office reads, In part, as follows: "The Texas Water Rights Commissionhas occaalon to receive grants or donations of money from various people and political sub- divisions of the State that are Interested In water develo ment and management. Section 11 77, V.A.C.S. enacted by the 59th of Article 7 fk Legislature provides that this Agency may ;z;E;sln such cooperativework. It Is as : "The (Texas Water Rights) Commission, in performing the duties prescribed by this Chapter, may cooperatewith agencies of the United States, with other agencies of this state or of any other state, with political subdivisionsand municipal corporationsof the state and with persons and corporations.' "The Comptrollerof Public Accounts ad- vises us that H.B. 12, setting forth the ap- propriation for the Texas Water Rights Com- mlsalon, did not establish special accounts -2717- Mr. F. R. Booth, page 2 (C- 563) for funds received for contractedusea. Re concludes that his office Is without authority to approve dispersal of these funds. We be- lieve that the statutory authority to receive donated funds Includes, by necessary implication, the authority for the Comptrollerto establish special accounts for donated funds and to pay the same for services performed In accomplishing the purposes for which the Punds are donated. "Since we will be unable to act under Sec- tion 11 until this conflict has been resolved, we request your opinion whather Section 11 of Article 7477 Includes by necessary implication the authority and duty OF the Comptrollerof Public Accounts to establish special accounts for receipt and dlflpersalof funds received by the Commission. Senate Bill 145, Acts 59th Leg., R.S., 1965, Ch. 296, p. 583, amending Article 7477, Vernon's Civil Statutes, and entitled the Water Rights CommissionAct, provides In part: "fSectlon11. The Commission, In per- forming the duties prescribedby this Chapter,. may cooperate with agencies of the United States, with other agencies of this state or of any other state, with political subdivisionsand municipal corporationsof the state and with persons and corporationa." Section 11 of Senate Bill 145 clearly provides that the Water Rights Commissionmay cooperate with lndlvlduals, corporations,and governmentalagencies in performing the duties prescribed by the Water Rights CommissionAct. Section 26 of Article v, House Bill 12, General Ap- propriations,Acts 59th Leg., R.S., 1965, provides: "sec. 26. ACCEPTAECE OF GIFTS OF MOWEY. All bequests and gifts of money to State agencies named in this Act are hereby appro- priated to the agency designated by the grantor and for such purposes as the grantor may specify; provided, however, that all such bequests and gifts of monies, except those to the Bepartment of Mental Health and Mental Retardation and -2718- J c Mr. F. R. Booth, page 3 (c-563) Institutionsunder its juriedictlonreceived from private sourc%%, and to agencies and ln- stltutlonsnamed ln,Artlcle IV of this Act, shall be deposited~fn the State Treasury and shall be expended In accordancewith the pro- visions of this Act." Approprlatlonsfor the Water Rights Commlsslon are set forth In Article III of House Bill 12, Qeneral Approprla- tions, Acts 59th Leg., R.S. 1965, thereby Including the Water Rights Commission as a State agency named In the Appropriation Act. It Is our opinion that the Texas Water Rights Com- mission may receive bequests and gifts of money for such purposes as the grantor may specify. Qlfte of money granted to the Water Rights Commission are appropriatedto that agency and may be expended for the purposes specified by the,grantor as provlded by Section 26, Article V of House Bill 12,. It is our opinion that the statutory appropriation of gift% snd bequests to the WaterRIghts Cosxnlsslon provides authority for the Comptrollerto establish special accounts for gifts and bequest%. All such bequests and gifts of monies are required to be deposited In the State Treasury and expended in accordance with the provisions of the Qeneral Appropriations Act. The Comptrollermay pay from the special accounts ea- tabllshed with gifts and bequests to the Water Rights Commission for services performed In accomplishingthe purposes specified by the grantor. SUMMARY The statutory appropriationof gifts and be- quests to the Water Rights Commissionprovides authority for the Comptrollerto establish special accounts for gifts and bequests. All such bequests and gifts of monies are required to be deposited In the State Treasury and expended in accordance with the provisions of the General AppropriationsAct. The Comptrollermay pay from the special accounts establishedwith gifts and bequests to the Water Rights Commission for services performed in ac- complishingthe purposes specified by the grantor. -2719- Mr. F. R. Booth, page 4 (C- 563) Very truly yours, WAQQOWER CARR Attorney Qeneral BY! Qordon Houaer Assistant APPROVmr OPIBIIOWCOnMITTE W. V. Qeppert, Chairman John Reeves Llnward Shivers Wade Anderson Hilton Richardson APPROVEDFOR TSR ATTORHEY QEHERAL By: T. B. Wright -2720-