Untitled Texas Attorney General Opinion ( 1957 )

THEA~ORNEY GENERAL OFTEXAS AUSTIN ~.TEXAR October 9, 1957 Mr. K. Lanse Turner, Director The Cotton Research Committee of Texas Box 4190, Tech Station Lubbock, Texas Opinion No, WW-272 Re: May the Cotton Research Committee of Texas use a portion of the con- tingent appropriation equal to, but not exceeding, the contribution of the U0 S. Department of Agriculture in support of, and extension of, the cooperative research project out- lined in the attached Memorandum of Understanding? Dear Mr. Turner: We quote from your letter requesting an opinion from the Attorney General's Department to the captioned question: "Attached hereto is a Memorandum of Under- standing between the University of Texas and the Agricultural Marketing Service, USDA, pertaining to cooperative research in cotton marketing. It is the opinion of this department that funds from the contingent appropriation may be used to match the contribution of the Department of Agriculture under an extension of the attached Memorandum of Understanding which will be operative during the fiscal year beginning September 1, 1957. ? D er1 The Cotton Research Committee was "created and es- tablished to cause surveys, research and investigations to be made relating to the utilization of the cotton fiber, cotton- seed, and all other products of the cotton plant, with author- ity to contract with any and all Agricultural Agencies and De- partments of the State, and all State Educational Institutions and State Agencies to perform any such services for said Com- mittee and for the use of their respective available facilities, as it may deem proper, and to compensate such Agencies, Depart- ments and Institutions, to be paid from money appropriated by the Legislature for the purposes of this Act, which approprfa- tions of monies for co~ttonresearch are hereby authorized; Mr. K. Lanse Turner, page 2 (w-272) grants and gifts from the United States or private sources may . be accepted for such purposes, and shall be subject only to limitations contained in such grants or gifts." Article 165- 4a, Vernon's Civil Statutes. House Bill 133, Acts 55th Legislature, Regular Ses- sion, chapter 385, page 1130, in an appropriation to the Cotton Research Committee, provides, in part, as follows: "For the Years Ending August 31, August 31, 1958 1959 "1. Administration and General Expense 46 1’+,25C $ 14,250 "20 Research Programs: General operating expense, including salaries and wages 17C,CCC 17o,oco "3* Contingent fund, general operating expenses including saariesand wages, for special research programs 30.000 3o.cco Grand Total $ 214,250 $ 214,250 Less-Estimated Funds from Other Sources: "4o Other Local Income 15.100 15.100 Net-General Revenue Appropriation $ 199,150 $ 199,150 "It is declared to be the intent of the Legislature that the contingent fund, Appropriation Item No, 3? may be ex- pended by the Cotton Research Committee of Texas only to match in equal amounts research grants to the Committee or the co-operating institutions from private industry or other governmental agencies not supported by the State of Texas from General Revenue Funds, Contingent funds may not be expended by the Committee to match grants received by the Cotton Research Committee of Texas for Research of a private or confidential nature, Only research for pub- lic welfare and the results of which will become public information will meet the requirements and restrictions governing the use of the contingent funds, Appropriation Item No, 3. o y a Mr. K. Lanse Turner, page 3 (W-272) "In order that the trained personnel and the fa- cilities of the cooperating agencies may be used to the fullest extent for research and investi- gations relating to the use of cotton, cottonseed and their products, and more fully to comply with the provisions of Chapter 474, Acts of the Forty- seventh Legislature, Regular Session, 1941, and Chapter 451, Acts of the Fifty-first Legislature, Regular Session, 1949, known as the Cotton Re- search Laboratory Act, the Cotton Research Com- mittee is hereby authorized, to contract with any or all of said institutions to perform such serv- ices for said Committee as it may deem proper and to compensate said institution or institutions for the cost thereof from the funds herein appropri- ated. All funds which may come into the hands of the Cotton Research Committee, for any purpose and from any sourcee shall be deposited in the State Treasury in a special account and are hereby ap- propriated to the specific purpose or purposes a'u- thorized by the grantor, and may be withdrawn from the State Treasury; provided, however, that the Cotton Research Committee shall not accept and place in the State Treasury any grants as provided under this paragraph which would cause the viola- tion of the specific or the general provisions of this Act which govern the compensation, travei ex- penses, or other acts of State employees: It is further provided that where any grant exceeds the total cost of the specific project for which it was received, such excess may be returned to the grantor," We do not excerpt the "Memorandum of Understanding" referred to above, since to do so would unnecessarily prolong this opinion and we are attaching a copy of same hereto, After a careful study of the "Memorandum of Under- standing" we are of the opinion that Lineresearch project, as outlined therein, is not violative of Article 165-4a, Vernon's Civil Statutes, or House Bill S33* Accordingly, you are advised that the Cotton Research Committee of Texas may use a portion of the contingent appro- priation equal to, but not exceeding, the contribution of the United States Department of Agriculture in support of, and ex- tension of, the cooperative research project outlined in the attached "Memorandum of Understanding". Mr. K. Lanse Turner, page 4 (WW-2'72) SUMMARY The Cotton Research Committee of Texas may use a portion of the contingent appropriation equal to, but not exceeding, the contribution of the United States Department of Agriculture in support of, and extension of, the cooperative research project out- lined in the attached "Memorandum of Understanding". Yours very truly, WILL WILSON Attorney General of Texas " Marvin R, Thomas, Jr. fl MRT:zt:wb Assistant APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Wayland C. Rivers W. V, Geppert J. C. Davis, Jr. REVIEWED FOR THE ATTORNEY GENERAL BY: James N. Ludlum