Untitled Texas Attorney General Opinion ( 1961 )

E Y GENERAL November 7, 1961 Honorable Robert S. Calvert Comptroller of Public Accounts Austin, Texas Opinion No. WW-1188 Re: Pre-existing law for appropriation to the Dear Mr. Calvert: Red River Authority. You have requested our opinion on whether there is pre-existing law for the appropriation contained in Senate Bill 1, Acts of the 57th Legislature, First Called Session, to the Red River Authority on pages 138-139 of the Supplement to the Senate Journal and reading as follows: 'IFor the Years Ending August 31, August 31, 1962 1963 There is hereby appropriated and there shall be paid to the Red River Authority out of any moneys in the General Revenue Fund not otherwise appropriated, which sums shall be used for defraying any expenses necessary to the management of the affairs of the district, the sum of $ 50,000 U.B. The Red River Authority shall repay said amount to the State out of the proceeds of the firs: bonds issued by said Authority. Your specific question reads as follows: "Please advise if there is suf- ficient pre-existing law for'me.to issue my warrant In the amount of $5O,OOO.flO In favor of the Red River Authority. Section 59 of Article XVI of the Constitution of Texas provides in part: Honorable Robert S. Calvert, page 2 (WW-1188) ‘There may be created within the State of Texas, or the State may be divided Into, such number of conservation and reclamation districts as may be determined to be essential to the accomplishment of the purposes of this amendment to the constitution, which districts shall be governmental agencies and bodies politic and corporate with such powers of gov- ernment and with the authority to exercise such rights, privileges and functions con- cerning the subject matter of this amendment as may be conferred by law.” Section 1 of Article 8280-228, Vernon’s civil Statutes, provides as follows: ‘Pursuant to and as expressly autho- rlzed by Article XVI, Section 59 of the Constitution of the State ,of Texas, there is hereby created withinthe State of Texas, In addition to the,conserva,tion and reclama- tion districts into which,the state has here- tofore been divided, a conservation and reclamation district to be known as ‘Red River Authority of Texas’ (hereinafter referred to as the ‘Authority’), which shall be a governmental agency of the State of Texas, a body politic and corporate.” The Red River Authority being created as a govern- mental agency of the State of Texas pursuant to the expressed authority In Section 59 of Article XVI of the Constitution of the State of Texas, you are advised that Section 1 of Article 8280-228, quoted above, constitutes the pre-existing law for the appropriation referred to In your request, Section 17 of Article 8280-228 provides: “For the purpose of providing funds requisite to secure the necessary studies, engineering and other servlce,s which may be necessary, the collection and computa- tion of data re,specting .regional and general conditions Influencing the character and extent of the Improvements necessary to ei’fect the purposes of the creation of this Authority to the greatest public advantage, It is hereby provided that the Authority may solicit, seek and accept contributions to Its funds from any other district, autho- rity or municipality, the Federal Government .- Honorable Robert S. Calvert, page 3 (WW-1188) or the State of Texas, or from any other source. Any and all grants and gratuities shall be strictly accounted for and shall be subject to the same rules, regulations and orders as are other funfts handled or disbursed by the Authority. In view of the provisions of Section 17, Article 8280-228, you are advised that said Article constitutes sufficient pre-existing law for you to issue a warrant in the amount of $50,000.00 in favor of the Red River Authority as provided in Senate Bill 1, Acts of the 57th Legislature, First Called Session. SUMMARY Section 59 of Article XVI of the Con- stitution of Texas and Article 8280- 228, Vernon's civil Statutes, constitute sufficient pre-existing law authorizing the Comptroller of Public Accounts to issue a warrant in the amount of $50,000.00 in favor of the Red River Authority as pro- vided in the current General Appropriation Act. Very truly yours, WILL WILSON Attorney General of Texas JR:dhs:lgh APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Marvin Thomas Phillip A. Nelson, Jr. Jack N. Price Dudley D. McCalla REVIEWEDFOR THE ATMRNEYGENERAL BY: Houghton Brownlee, Jr.