Untitled Texas Attorney General Opinion ( 1962 )

August 30, 1962
Admiral H. R. Nieman, Jr. Opinion No. WW-1429
Executive Director
State Building Commission Re: Construction of the term
Austin, Texas "allocated" as used in
reference to Item 12 of
the current appropriation
to the State Building
Dear Admiral Nieman: Commission.
In view of certain language contained in Senate Bill
1, Acts of the 57th Legislature, 1st Called Session, 1961,
concerning Item 12 of the appropriation to the State Building
Commission, you have requested our opinion on the following
question:
"It is requested that you render an
opinion defining the terms 'allocated and
allocation' as they appear in the legis-
lative terminology, expressing intent,
such that they do not convey in any sense
the authoritative and responsible position
of the one denoted by the words 'appropri-
ate or appropriation.'"
Senate Bill 1, Acts of the 57th Legislature, 1st
Called Session 1961, (current Appropriation Bill), contains
the following language in the appropriation to the State
Building Commission:
"For the Years Ending
August 31, August 31,
1962 1963
"12. For Capitol renova-
tion, including
renovating vacated
office space, re-
modeling the chamber
and gallery of the
House of Representa-
tives, and any other
modernization of the
Capitol Building . . . 250,000 U.B.
Admiral H. R. Nieman, Jr., page 2. (Ww-1429)
1,
. . .
"To accomplish the work set forth in Item
12 above, it is the intent of the Fifty-seventh
Legislature that the appropriation made in said
item shall be allocated to the Board of Control
as provided for in Sec. 8, Chapter 514, Acts 1955,
Fifty-fourth Legislature, and it is further pro-
vided that remodeling the House of Representatives
or providing office space for members of the House
shall be undertaken only after consulting with the
Speaker of the House." (Emphasis added)
Section 8 of Senate Bill 134, Acts of the 54th Legis-
lature, Regular Session 1955, Chapter 514, Page 1298 at Page
1300, codified in Vernon's as Article 678m, Vernon's Civil
Statutes, provides:
"Sec. 8. The Commission shall have the
authority to call on any Department of State
Government to assist it in carrying out the
duties of the Commission. And particularly,
it shall be the duty of the Board of Control
to do and perform such acts and functions in
connection with this Act as the Commission may
direct; and to that end any portion of the money
appropriated to the Commission may be allocated
by the Commission to the Board of Control and
expended by it under the direction of the Com-
mission in carrying out the provisions of this
Act." (Emphasis added).
The term "allocate" is not defined either in Article
678m (pre-existing law authorizing the appropriation involved
here) nor in the Appropriation Bill itself. However, the
term "allocate" has a definit~meaninn. To allocate means
"to distribute or ass1 n." Central E138 F. Supp. 28 1, 295 (Ct.Claims 1956)
-House ;- N.Y. 19 );
v. Bowles, 142 F.2d 530, 534 (C.C.A.,
Jacobson v. Bowles, 53 F.Supp. 532,534 (D.C., Tex. 1944). For
other definitions, see the terms "allocate" and "allocation"
in 3 Words and Phrases perm.ed.336.
It is noted that pursuant to Article 678m, the Legis-
lature has appropriated Item 12 to the State Building Commis-
sion for allocation to the State Board of Control to be expend-
ed in accordance with the provisions of Section 8 of Article
678m. This Section directs that the money allocated by the
Admiral H. R. Nieman, Jr., page 3. (WW-1429 )
Commission to the Board of Control shall be expended by
the Board of Control under the direction of the State Build-
ing Commission. You are, therefore, advised that the term
"allocate" as used in the Appropriation Bill means that Item
12 is to be expended by the Board of Control under the direc-
tion of the State Building Commission. Thus, the power of
the Board of Control to expend such money is limited by the
phrase "under the direction of the Commission." You are,
therefore, advised that the expenditure of monies by the
Board of Control should bear the approval of the State
Building Commission.
SUMMARY
Monies appropriated to the State Build-
ing Commission contained in Item 12 of
its appropriation are allocated by the
Legislature to the State Board of Con-
trol to be expended by the State Board
of Control under the direction of the
State Building Commission in carrying
out the provisions of Article 678m,
Vernon's Civil Statutes, as directed
by Section 8 thereof.
Yours very truly,
WILL WILSON
Attorney General of Texas
JR:ms:zt
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Scranton Jones
Dudley McCalla
Sam Stone
Tom Hunter
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore