Untitled Texas Attorney General Opinion ( 1959 )

July 30, 19% Honorable Robert S. Calvert Conmtroller of Public Accounts Austin, Texas Opinion NO. ``-677 Re: Questions relating to the transfer of moneys to the available school fund and the certlflca- tion required by H.B. 5, 1st Called Session,56th Dear Mr. Calvert: Legislature. You have requested an opinion concerning certlfica- tlon required by House Bill 5, Acts of the 56th legislature, First Called Session, 1959, as relating to the transfers of moneys to the available school fund. You state in your re- quest thatthe outstandin appropriation on August 31, is estimated to be $8,311,60 8 . It Is estimated such amount in cash will be in the available school fund and that warrants cannot be issued in the current fiscal year. You then ask whether in certifying general fund appropriations such sun is to be deducted from the cash condition or the anticipated revenues for the next biennium. In Attorney General's Opinion m-640 (1959), it was held that the Comptroller: "in certifying It to the House in which same originated, should by virtue of the mandate of Section &a of Article III of the Constitution, take into con- sideration every element that bears upon the amount of funds thatwill be available, Including an estimate of the amount of funds that will not be expended under the appropriations for the present biennium, as well as an estimate of the amount of funds t tha will not e propriatlons made for the next biennium." Honorable Robert S. Calvert, page 2 (``-677) In Attorney General's Opinion WW-673 (1959), it was held: "It follows from what we have said that the Comptroller should not for the purpose of certification deduct the sub- ject deficit from the cash condition of the Treasury on August 31, or from the anticipated revenues for the next bien- nium. Since the sum will represent an outstanding and undisbursed approwria- tion at the end of the current biennium, it should be considered as probable dis- bursements of the succeeding biennium. In estimating the total disbursements for the ensulng biennium, the Comptroller should not include the amount of funds appropriated but which he anticipates will not be disbursed during the biennium." Attorney General's Opinion ``-673 (!-9591,relating to allocations to the Teacher Retirement System is equally applicable to your request. You are therefore advised that since the sum referred to in your request will represent outstanding and undisbursed appropriations at the end of the current biennium, it should be considered as probable disbursements of the succeeding biennium. SuMMARY Outstanding and undisbursed ap- propriations in the available school fund at the end,of the current biennium should be con- sidered as probable disbursements of the succeeding biennium for the purpose of making certification. Yours very truly, WILL WILSON Attorney General of Texas JR:rm Honorable Robert S. Calvert, Page 3 (w-677) APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Jot Hodges, Jr. Henry G. Braswell Morgan Nesbitt REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore