Untitled Texas Attorney General Opinion ( 1972 )

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Ta:-E A RNEY GENERAL
OdF~XAS
Honorable Robert S. Calvert Opinion No. M-1173
Comptroller of Public Accounts
State Finance Building Re: Construction of Senate
Austin, Texas 70774 Bill 528, Acts 62nd Leg.,
R.S. 1971. relating to
Dear Mr. Calvert: the State Law Library.
Your request for an opinion on the above subject matter
asks the following questions:
"(1) Is there pre-existing law for the Law
Library Fund to receive a transfer from any sour@e
other than the appropriations made to the Supreme
Court, Court of Criminal Appeals, and to the At-
torney Generalrs office during the current biennium?
"(2) Is the Comptroller legally authorized
to make the transfer on the authority of Sec. 3,
Art. V, S.B. 11, 62nd Legislature R.S. as amended
by S.B. 7. 1st C.S., 62nd Legislature?
"(3) Who are the -- 'responsible officials
of the State authorized' -- in the context of the
General Provisions Sec. 3 of the S.B. 11 previously
cited?"
The transfers inquired about concern the State matching
contributions* provided for insection 3 of Article V of the
Current General Appropriations Act. (P-V-3.3794).
*For O.A.S.I. and employees retirement matching contributions
for employees of the State Law Library.
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Honorable Robert S. Calvert, page 2 (M-1173)
The State Law Library Board composed of the Chief Justice
of the Supreme Court, the Presiding Judge of the Court of Criminal
Appeals, and the Attorney General, is created by the provisions
of Senate Bill 528. Acts 62nd Leg., R.S. 1971, Ch. 722, p. 2359.
Senate Bill 528 also establishes the State Law Library. Section 6
provides:
"Sec.6, All books, documents, files, records,
equipment, and property of all kinds owned and
used by the Supreme Court Library, the Court of
Criminal Appeals library, and the Attorney General's
library are transferred to the State Law Library."
Section 7 provides:
"Sec. 7. During the biennium ending August 31,
1973, the Comptroller of Public Accounts is hereby
authorized and directed to set up an account to be
known as the State Law Library Fund and is authorized
and directed to transfer into such account from
time to time moneys appropriated to the Supreme
Court for the purpose of operatinq and administer-
ins the Supreme Court Library. For the purpose of
operatinq and administerinq the library for the
Court of Criminal Appeals, the Comptroller is au-
thorized and directed to transfer to such account
from time to time such amounts as may be necessary
for such court's appropriation for consumable SUQ-
plies and materials or other desiqnation for its
library purposes. For the purpose of operatinq and
administerinq the library for the Attorney General,
the Comptroller is authorized and directed to trans-
fer into such account from time to time such amounts
as may be necessary from the appropriation to the
Attorney General's office for consumable supplies
and materials or other desiqnation for its library
purposes. Such transfers may be made on the direction
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Honorable Robert S. Calvert, page,3 (M-1173)
of the Chief Justice of the Supreme Court, the Pre-
siding Judge of the Court of Criminal Appeals, and
the Attorney General, respectively. Monevs in the
State Law Library Fund may be expended bv the board
or its duly authorized representative for the purpose
of maintaininq, operatinq, and keepinq un to date
the State Law Library. Moneys appropriated for use
of the libraries of the Supreme Court, Court of
Criminal Appeals, and the Attorney General's office
during the present biennium shall not be affected by
this Act." ( Emphasis.added.)
Section 3 of Article V of the current General Appropriations
Act provides:
"Sec. ,3. SALARY PAYMENT, WITHHOLDINGS, DE-
DUCTIONS, AND MATCHING CONTRIBUTIONS. The disburse-
ment of moneys appropriated in this Act for salaries
and wages shall be subject to the provisions of Public
Law No, 68, Seventy-eighth Congress, known as the
Current Tax Payment Act of 1943, and any amendments
thereto. The officers and employees of agencies for
which appropriations are made in this Act also are
authorized to make retirement deductions in accord-
ance with the Teachers Retirement or Employees Re-
tirement or Judiciary Retirement Acts on payroll
forms prescribed by the State Comptroller, and the
Comptroller is directed to issue warrants accordingly.
"In each instance in which an operating fund or
account is created by the provisions of this Act, the
responsible officials of the State are authorized to
transfer into su,ch operating fund or account suf-
ficient moneys from local funds and Federal grants
of funds to pay proportionally the costs of matching
State employees retirement contributions, the State's
share of Old Age and Survivors Insurance and the pro-
portionate cost of premiums of policies containing
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Honorable Robert S. Calvert, page 4 (M-1173)
Group Life, Health, Hospital, Surgical, and/or Medical
Expense Insurance for retired employees and officials.
Payment by the State from the designated funds on Group
Insurance policy or policies for retired employees
shall be limited to the amount of payment authorized
for active employees. Notwithstanding any other
provisions of this Act, any department or agency for
which funds in this Act are appropriated shall make
such transfers of funds as are necessary, except from
those funds appropriated for personal services, to pay
premiums for insurance for retired employees and of-
ficials as authorized in this Act."
Prior to the enactment of Senate Bill 528, and pursuant
to the express provisions of Section 3 of Article V, supra,
all matching funds provided for in that Section were payable
out of the general revenue fund as a part of the cost of
operating and administering the three separate libraries. Sub-
sequent to the enactment of Senate Bill 528, these matching con-
tributions are still payable out of the general revenue fund for
the operation of the State Law Library, because the matching
contributions provided for in Section 3 of Article V, supra,
continue to constitute a part of the cost of operating and
administering the library for the Supreme Court, the library
for the Court of Criminal Appeals, and the library for the Attorney
General. The matching contributions out of the general revenue
fund are therefore authorized by the provisions of Section 7 of
Senate Bill 528, supra, and are appropriated for the purpose
of maintaining, operating and keeping up-to-date the State Law
Library.
Your questions are accordingly answered as follows:
(1) Section 7 of Senate Bill 528, Acts 62nd Leg., R.S.
1971, ch. 722. p. 2359, constitutes the pre-existing law for
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Honorable Robert S, Calvert, page 5" (M-1173)
making transfers of funds appropriated to the Supreme Court for
the purpose of operating and administering the Supreme Court Li-
brary, of funds appropriated to the Court of Criminal Appeals for
the purpose of operating and administering its library, and of
funds appropriated to the Attorney General for the purpose of
operating and administering its library, including the matching
funds appropriated from the general revenue fund by the provisions
of Section 3 of Article V of the current General Appropriations
Act.
(2) The Comptroller of Public Accounts is authorized to
make the transfer on the authority of Section 7 of Senate Bill
528 and Section 3 of Article V of the current General Appropriations
Act.
(3) The responsible officials of the State in the instant
case are the Comptroller of Public Accounts, the Chief Justice of
the Supreme Court, the Presiding Judge of the Court of Criminal
Appeals and the Attorney General.
SUMMARY
The State matching contributions for
O.A.S.I. and employee's retirement contri-
butions for employees of the State Law
Library ~required to be matched by the provi-
sions of Section 3 of Article V of the
current General Appropriation Act may be
transferred into the State Law Library fund,
because such deductions and matching
contributions constitute a cost of main-
taining, operating and keeping up to date
the State Law Library.
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Honorable Robert S. Calvert, page 6 (M-1173)
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Malcolm Quick
James Quick
Bob Lemens
Marietta Payne
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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