Untitled Texas Attorney General Opinion ( 1961 )

THEA~TORNEY GENERAL
OF TEXAS
Auwrxiw II.TEXAs
WILL WILSON
Al-l-0RNEY c2EN-x.
April 3, 1961
Colonel Thomas C. Green Opinion No. WW-1027
Member Secretary
Texas State Board of Re: Whether a transfer of funds
Registration for Pro- from the Professional Engl-
fessional Engineers neers' License Fund to the
Austin, Texas fund for the General Operat-
ing Expenses of A & M College
Dear.Colonel Green: is legally authorized.
You have asked the question of whether a transfer of
funds from the Professional Engineers I License Fund to the fund
for the General Operating Expenses of A & M College is legally
authorized.
The specific item Involved appears in the General Appro-
priation Bill, House Bill 4, Acts of the 56th Legisldture, Third
Called Session, 1959, Chapter 23, Page 610, and is quoted as fol-
lows:
"For the Years Ending
August 31, August 31,
11
. . . 1960 1961
“8. To assist in the
operation and maintenance
of the Texas Engineers Li-
brary at A & M College, up-
on the order of the Chalr-
man of the Board of Regls-
tration for Professional
Engineers, attested to by
the Secretary of the Board,
the Comptroller shall trans-
fer from the Professional
Engineers' License Fund to
the appropriation item for
General Operating Expenses
of A & M College, the sum
of . . . * . . * . . . . . $37,500 $37,500
,I. . . II
Colonel Thomas C. Green, Page 2 (WW-1027)
The provisions of Article 3271a, Vernon's Civil Stat-
utes, set forth the general law pertaining to the Reglstra-
tlon of Professional Engineers. Under this Article, there
is provided for the creation and existence of a State Board
whose duty it is 'to administer the provisions of this Act."
The Act prescribes the duties of the Board as being the
licensing of professional engineers, and the enforcement of
the regulatory provisions of the Act. Section 8, Article
3271a, Vernon's Civil Statutes, provides:
"The Board shall have the power to make
all by-laws and rules, not inconsistent with
the Constitution and laws of this State,
which may be reasonably necessary for the pro-
per performance of its duties and the regula-
tions of the proceedings before it. The Board
shall adopt and have an official seal. The
Board shall have such additional power as may
be conferred by other provisions of this Act."
The Act In Section 9, Article 3271a, Vernon's Civil
Statutes, creates a special fund, and provides that:
"The Secretary of the Board shall receive
and account for all moneys derived under the
provisions of this Act, and shall pay the same
weekly to the State Treasurer who shall keep
such moneys in a separate fund to be known as
the 'Professional Engineers' Fund'. Such fund
shall be paid out only by warrant of the State
Comptroller upon the State Treasurer, upon
itemized vouchers, approved by the Chairman and
attested by the Secretary of the Board. All
moneys in the 'Professional Engineers' Fund'
are hereby specifically appropriated for the
use of the Board in the administration of this
Act. . . . The Board shall employ such clerl-
cal or other assistants as are necessary for
the proper performance of its work, and may
make expenditures of this fund for any purpose
which in the opinion of the Board is reasonably
necessary for the proper performance of its
duties under this Act. . . ."
Clearly, Article 3271a, Vernon's Civil Statutes, is
a general law; it Is also clear from the language in the pro-
visions quoted above that the money received by the Board was
devoted to the special use or purpose of paying the legitimate
Colonel Thomas C. Green, Page 3’(W-1027)
expenses Incurred in administering and enforcing the pro-
visions of the Act as prescribed therein.
The Legislature cannot by an appropriation bill
change the general law, therefore the Legislature cannot
divert special funds to another fund by an appropriation
bill without first amending the general law creating the
special fund. Attorney General's Opinions No. V-412 (1947)
and No. v-1304 (1951). In additlon to appropriating money
and stipulating the amount, manner, and purpose of the
various items of expenditure, a general appropriation bill
may contain any provisions or riders which detail, limit
or restrict the use of the funds or otherwise insure that
the money is spent for the required activity for which it
is therein appropriated, if the provisions or riders are
necessarily connected with and incidental to the anoropria-
tion and use the funds, and provided they do not conflict
with general legislation. Attorney General's Opinion No.
V-1254 (1951).
It is no longer an open question that an appropria-
tion bill cannot modify or repeal an existing general law.
State v. Steele, 57 Tex. 200 11882); Linden v. Finley, 92
Tex. 451, 49 S.W. 578 (1899); Moore v. Sheppard, 144 Tex. 537,
192 S.W.2d 559 (1946).
Nor can such a transfer be sustained as a service
transfer. Attorney General's Opinion No. W-573 (1959).
The validity of service transfers depends upon one agency
performing general administrative services, etc., for another
element of the government which are consistent with the pur-
poses and duties imposed by law upon the agency receiving
those benefits. The benefits performed must aid the receiv-
ing agency in the performance of its duties as prescribed by
law.
We have been unable to find any provision in
Article 327la or any other statute which would permit, author-
ize, or obligate the Board of Registration for Professional
Engineers to create, maintain, or operate a library at A & M
College, or to assist in the operation and maintenance of
such a library owned and operated by A & M. Nor is there any
statutory language that can be reasonably construed to imply
that the duties or powers of the Board are such.
Further, we have been unable to find any constitu-
tional or statutory provision whereby A & M College Is
Colonel Thomas C. Green, Page 4 (WW-1027)
permitted or authorized to perform any service for the
Board of Registration rhich would either directly or in-
directly aid or benefit the Board in the performance of
its duly prescribed duties and tasks.
The duties of the Board are those of licensing
and regulating. A transfer of funds to A & M College
would be contrary to the purpose for which the money was
dedicated by the general law.
Since the purposes of the attempted transfer
are not supported by existing legislation but are in fact
in conflict with the general law, the transfer cannot be
sustained. We answer your question in the negative.
SUMMARY
A transfer of funds by an approprla-
tion bill from the Professional Engi-
neering License Fund to the fund for
the General Operating Expenses of A
& M College Is unauthorized.
Yours very truly,
WILL WILSON
Attorney General of Texas
WHPjr:mm/hmc
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
W. 0. Shultz
William E. Allen
W. Ray Scruggs
Raymond V. Loftln, Jr.
REVIEWED FOR THE ATTORNEY GENERAL
BY: Morgan Nesbltt