Untitled Texas Attorney General Opinion ( 1959 )

Mr. Raymond W. Vowel1 Executive Director Board for Texas State Hospitals and Special Schools Box S, Capitol Station Austin, Texas Opinion No. W-655 Re: May the balance of the funds remaining from specific line Item appropriations available for the fiscal year ending August 31, 1959, be grouped by the Comptroller into a lump sum with the approval and at the request of the Board for Texas State Hos- Dear Mr. Vowell: pltals and Special Schools. The rider to the appropriation to the Board for the various institutions under its jurisdiction and control con- tained In House Bill No. 133, Acts 55th Legislature, Regular Session, 1957, provides as follows: "It is hereby declared to be the Legisla- tive Intent that the appropriations listed above for major repairs, rehabilitation and replacement, and for new construction of buildings shall be expended as nearly as practicable in the manner specified; however, the Board for Texas State Hospitals and Special Schools is authorized to transfer such amounts as it deems necessary from one appropriation item to another for repairs, rehabilitation, replacements, or new construction with the approval of the Covernor after obtaining the advice of the Legislative Budget Board. "Any unexpended balances In such appropria- tion Items may be used for other needed repairs, replacements or new construction. The unexpended balances as of August 31, 19% are hereby reap- propriated for major repairs, rehabilitation, re- placement or new construction durin year beginning September 1, 1958. Mr. Raymond W. Vowell, page 2 (ww-7655) . * ,',~, Ordinarily the term "unexpended balance" refers to the money on hand at the end of any fiscal year. However, in the instant case, the term "unexpended balances" could not refer to moneys on hand at the end of the fiscal year since such construction would vitiate the underlined sentence quoted above. At the close of the fiscal year, In the absence of a re-appropriation, such items would lapse. Thus, none of the moneys could ever be spent for other needed re- pairs, replacesient,or new construction. In view of the fact that the Legislature speci- fically authorized that the appropriated items could be used for other needed repairs, replacement, or new construction, it was the evident intention of the Legislature that such moneys could be used for such purposes after the specific work for which such appropriation was made had been accom- plished. Therefore, it Is our opinion that the term "unex- pended balances" in the underlined sentence quoted above refers to those balances remaining after the construction work for which the items were appropriated has been accom- plished. You are accordingly advised that the balance of the funds remaining from specific line item appropriations available for the fiscal year ending August 31, 19.59,may be grouped by the Comptroller Into a lump sum with the ap- proval and at the request of the Board for Texas State Hos- pitals and Special Schools without the approval of the Governor upon furnishing satisfactory proof that the work for which the specific appropriation was made has been accomplished by the Board. SUMMARY Unexpended balances in the ap- propriations for major repairs, rehabilitation, and replacement, and for new construction, may be used for other repairs, replace- ments and new construction by the Mr. Raymond W. Vowell, page 3 (m-655) Board for Texas State Hospitals and Special Schools without the approval of the Governor. Yours very truly, WILL WILSON Attorney General of Texas BY John Reeves JR:wb:zt Assistant APPROVED: OPINION COMMITTEE L. P. Lallar, Chairman Marvin F. Sentell Charles D. Cabaniss Paul W. Floyd, Jr. Jack Goodman REXCEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert