Untitled Texas Attorney General Opinion ( 1962 )

NEY GENE OF TEXAS WILL WILSON A-RNDcYoENERAL July 27, 1962 Adm. H. R. Nieman, Jr. Opinion No. WW-1405 Executive Director State Building Commission Re: Whether line item 20, to the Austin, Texas Building Commission, in the General Appropriation bill is available to be used in re- finishing certain furniture for the Third Court of Civil Dear Admiral Nieman: Appeals. You have asked for the opinion of this office as to whether line item 20, to the Building Commission, in the General Appropriation Bill of the 57th Legislature is available to be used in refinishing certain furniture for the Third Court of Civil Appeals in Austin. Under the heading - BUILDING COMMISSION - line item 20 in the General Appropriation Bill of the 57th Legislature reads as follows: "For purchase of furniture and equipment for the.Third Court of Civil Appeals in Austin, Texas For the Years Ending Aupust 31. 1962 Aygust 31~.196% $10,000.00 U.B." It is the understanding of this office that acting under color of authorization from the above appropriation, cer- tain valuable pieces of furniture from the Third Court of Civil Appeals were refinished, rather than replaced by new furniture. The cost of such refinishing was $799.50. The present opinion request was necessitated by the refusal of the Comptroller of Public Accounts to issue a warrant in payment of the cost of such refinishing. The Legislature, in making appropriations for the years 1962 and 1963 recognized that the Third Court of Civil Appeals was in need oh funds with which to provide furniture and equip- ment more in keeping with the honor and dignity of the judicial branch of our State government. Adm. H. R. Nieman, Jr,, page 2 bw1405) The general rule regarding interpretation of appro- priation line items is stated in previous opinions by the Attorney General's office. See Opinions O-4172 (1941)and S- 80 (1953)e As stated in the cited opinions, the general rule is that money appropriated by the Legislature cannot be spent for any purpose other than that for which it is appropriated. The validity of this rule of law cannot be challenged. In granting authority for the purchase of furniture for the Third Court of Civil Appeals, the Legislature also E,:a,``~,~h;,a~";~r;;~tg4,bar;g'lnfp;f ;;",g',",'g"yiedyf;;* if, in the conduct of'such bargaining it became clear that the State would be better and more economically served by stopping short of a full-fledged purchase of new furniture, this office certainly cannot hold such action improper. The literal words of the appropriation would authorize the purchase of used furni- ture, and its refinishing could be included within the original purchase terms. Can we say that it was the intent of the Leg- islature to forbid the Court to retain and preserve the valu- able, antique-quality furniture it now has? Certainly not. And if the present furniture can be retained, there is no need for a full purchase of new furniture. If the Comptroller's interpretation were to be followed, the Court would be forced to discard its present furniture and purchase totally new furni- ture. This is tantamount to saying that the Legislature is, in these particular circumstances, insensitive to the cause of economy in government and unaware of the value of many of the fine pieces of furniture now in the possession of the Third Court of Civil Appeals. In view of the foregoing, it is the opinion of this office that, in the particular fact situation presented, it was the intent of the Legislature that "refinishing of furniture presently on hand" be included within the subject line item ap- propriation for purchase of furniture and equipment. SlJMMAFiY In the particular fact situation pressnted, a bill for refinishing certain furniture belonging to the Third Court of Civil Appeals in Austin is pay- able out of a line item appropriation which provides Adm. H. R. Nieman, Jr., page 3 ww-1405) funds for "Purchase of furniture and equipment for the Third Court of Civil Appeals in Austin, Texas." Yours very truly, WILL WILSON Attorney General of Texas BYwJ&M Malcolm L. Quick MIQ:wb Assistant APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Pat Bailey Vernon Teofan Charles Lind REVIEWED FOR TBE ATTORNEY GENERAL BY: Leonard Passmore