Untitled Texas Attorney General Opinion ( 1957 )

Honorable James A. TuMan Oolnlon WW-93 House of Representatives Capitol Station Re: Whether Ii.B. No. 8, and Austin, Texas H.B.No. 584 are approprla- tion bills requiring the certification of the Comp- troller of Public Accounts pursuant to Section 49a ,’ of Article III :of.the Con- Dear Mr. Turman: stitution of Texas. Your letter of April 2, 1957, to which Is attached copies of House Bill No. 8 and House Bill No. 584, states that a point of order has been raised in aonnection with the consideration of these bills by the EducMSon Committee of the House. The point of.ordGr raises the quetitlonof whether-said bills are In facts apptidprlationbills thereby requiring the certification of the .,.`` _ Comptroller of Public Aacounts pursuant to the provisions of Section @a of Article III of the Constitution of Texas. The aforementioned constitutional provision reads in part as follows: "Prom and after January 1, 1945, save irithe case of emergency and Imperative public neCesslty and with a four- fifths vote of the total membership of each House, no ap- propriation In exci4ss~ofthe cash and anticipated revenue of the furidsfrom which such appropriation 1s to be made shall be valid. From and after January 1, 1945, no bill containing an approptilatlonshall be considered as passed or be sent to the Governor for consideration until and unless the Comptroller of Public Accounts endorses his certificate thereon showing that the amount appropriated Is within the amount estimated to be available In the affected funds. When the Comptroller finds an approprla- tlon bill exceeds the estimated revenue he shall endorse such finding thereon and return it to the House in which same originated. Such Information shall be Immediately made known to both the House of Representatives and the Senate and the necessary steps shall be taken to bring such appropriation to within the revenue, either by pro- viding additional revenue or reducing the appropriation." Honorable James A. Turman, page 2 (WW-93) House .BillNo. 8 establishes new minimum salary schedules for various public school teachers and administrators and pre- scribes a formula basis for the calculation of same. Therefore, House Bill 8 constitutes preexisting law authorizing future appropriations and Is not an appropriation within itself. House Bill No. 584 amends Section 2, Article V, Chapter 334, Acts of the 51st Legislature, Regular Session, 1949, by providing for a mlni- mum monthly salary for school bus drivers with the further pro- vision that funds for such purpose shall be allocated from the Foundation School Fund. Sections 2(h) and 2(i) of House Bill No. 584 state In sub- stance that the sum of Two Hundred Fifty Thousand ($25O,OQO.O0) Dollars is appropriated to the State Board of Control for the es- tablishment of the School Bus Revolving Fund. However, th:s pro- vision was merely carried forth from the earlier Acts and if It does attempt to make an appropriation It is invalid because the same is not provided for In the caption of the Bill. You are therefore advised that, since neither House Bill No. 8, nor House Bill No. 584 makes an appropriation withln the meaning of the above cited constitutional provision, neither of said bills is required to be certified by the Comptroller of Public Accounts. SUMMARY Since neither House Bill No. 8 nor H3,us.e Bill No. 584 makes an appropriation within the mean- ing of Section @a of Article III of the Consti- tution of Texas, neither of said bills is re- quired to be certified by the Comptroller of Public Accounts. Yours very truly, WILL WILSON Attorney General of Texas LP:pf:zt By &@zq,& f%u?.+r /<+z y.c, APPROVED: Leonard Passmore OPINION COMMITTEE: Assistant H. Grady Chandler, Chalrman Edwin P. Horner John Reeves Joe G. Rollins F. C. (Jack) Goodman