Untitled Texas Attorney General Opinion ( 1949 )

Hon. J. 73. McDonald Opinion No. V-887
Commissioner of Agriculture
Land Office Building Re: Construction of H.B. 420,
Austin, Texas Acts 5lst Legislature
Dear Sir:
Your request for an opinion, in part, reads. as follows:
“House Bill No. 420, known as the ‘2. 4-D Weed
KillerAct’, was passed by.the Slst Legislature.’ You
will find a copy of ‘same enclosed herewith.
“‘The last paragraph, Sec. 6, of said H. 8. No.
420, sets up a Special Fund in the State Treasury dk-
signated ‘The 2,4-D License Fund.’ In this same pa-
ragraph, the~wording indicates that all of the fees col-
lected under the provisions of this Act, shall be made
available to the, Commission of Agriculture for the
purpose of defraying’ expenses which accrue in’tbe ad-
ministration of the Act. However, the State Comptrol-
ler maintains that the wording, in this paragraph, is
not,specific enough.to substantiate him to spay claims
for expenses. snbmitted to him and, to be. paid out of
this particular fund, since the wording does not say:
‘and the sum or sums of money accruing under the
provisions ~of this Act are hereby appropriated for the
use of the Commissioner of Agricultur~e in carrying
out the provisions~ of this Act,‘,o,r some other suitable’
or= appropriate tiords.
.*We believe that it was the intent of the Legis-
lature to appropriate all or so much of these funds as
mightbe needed in the administration of this Act’; and
that such funds are to be paid out in the usual manner;
namely, upon properly executed bills approved by the
Commissioner of Agriculture and presented to the i
State Comptroller for warrants to be drawn on the
State Treasury in the usual manner? II
Hon. J. E. McDonald - Page 2 (V-887)
“House Bill No. 420, Acts 51st Legislature, regulating the
sale and use of 2, 4-D and other hormone type herbicides, became
effective June 23, ,1949; The Act confers upon the Commissioner of
Agriculture the duty of administering its provisions, including the du-
ty of issuing the licenses provided for therein, collecting the fees
therefor as provided in Section 7 thereof, and expending the money so
collected for expenses incurred in the performance of the duties so
imposed.
The last paragraph of Section 6(f) of the Act reads:
“ADlicense~ fees collected by the Commissioner of
Agricuzre under the provisions hereof shall be placed in
a special fund in the State Treasury to be known as ‘The
2, 4eD License Fund,’ which fund shall be available to the
Commiss.ioner of Agriculture for the purpose of defraying
~expenses which accrue in the administration of the provi-
sions hereof and same shall be paid out by the State Treas-
urer upon warrants based upon vouchers issued therefor
by the Commissioner of Agriculture.”
Section 6, Article VIII of the Constitution of Texas, in part,
reads:
“No money shall be drawn from the Treasury, but
in pursuance of specific appropriations made by law;
nor shall any appropriation of xnoney be made for a long-
r er period than two years.”
In the case of Pickle v:,~Finley, State Comptroller, 91 Tex.
484, 44 S.W. 480 (1898), Chief Justice Gaines, ‘speaking for the court
said:
“It is clear that an appropriation need not be made
in the general appropriation bill. It is also true that no
specific words are necessary in order to make an appro-
priation; and it may be conceded, that an appropriation
may be made by implication when the language employed
leads to the belief that such was the intent of the Legisla-
ture. ”
Hon. J. E. McDonald - Page 3 (V-887)
We quote from the opinion of the court in the case of Na-
tional Biscuit Co. v. State of Texas, 134 Tex. 293, 135 S.W.2d 687-
11940), as follows: l
I
“As just stated. one of the protisions of Sec. 6 of
our Constitution requires all appropriations of ‘money
out of the State Treasury to be spedific. It is settled.
that no particular form of words is required to render
an appropriation specific within the meaning of the con-
stitutional provisions under discussion. It is sufficient
if the Legislature authorizes the expenditure by law,
and specifies the purpose for which the appropriation
is made. An appropriation can be made for all funds
coming from certain sources and deposited in a spe-
cial fund for a des.ignated purpose.. In such instances.
it is not necessary, for ,the apportioning Act to name a
certain sum or even a mwimum &I. 38 Tex.~,Jur.
pp! 844-845. Sec. ‘27. and .autho,rities there cited.”
The Thirty-fifth Legislature established the State Highway
Department; created the State Highway Commission and the office of
State Highway Engineer and prescribed their respective powers and
duties; directed the Commission to place and adopt a comprehensive
system of State Highways and to promote fha cona#~&&rn~%nzre~o’~,
and to effectuate that purpose provided for the registration and li-
censing of ail motor vehicles ,andprescribed the fees to be collected
therefor.’ (Acts 1917, Ch. 190, p. 416). The pertinent part of section
23 of that Act read:
‘Sec.~ 23. All funds coming into the hands of the
Highway Commission, derived .from the registation
~fees hereinbefore provided for, or from other s.ources.
as collected, shall be deposited with the State Treasur-
er to the credit of a special fund designated as, ‘The
State Highway Fund,’ and shall be paid only on warrants
issued by the State Comptroller upon vouchers drawn
by the Chairman of the Commission and approved by
one other member of the Commission, such vouchers
to be accompanied by itemized sworn statements of the
expenditures, except when. such vouchers are for the
regular salaries of the employes of the Commission.
The said State Highway fund shall be expended by the
State Highway Commission for furtherance of public
‘Hon. J. E. McDonald - Page 4 (V-887)
road cons~truction and the establishment of a system
!
of State highways, as contemplated and set forth in
thisact....‘ i
The questioh of whether this section met the’mandat&y
requirements of Section 6. Article VIII of the Constitution so as to
constitute a valid appropriation of the moneys collected in pursuance
to the provisions of the Act was before the court in Atkins v. State
.Xighway~ Departments, ,201&W; 226, 232~ (Tex. Civ. App: 191,7). We
qtiote from the’ opinion of the court in that case:
“We think the Legislature had the power to make
the appropriation.-here involved, in the manner that it
did, and we hold that the provisicjns of the act in r.e-
gard .thereto ‘constitute a valid appropriation of -the
funds mentioned to and for the purposes stated in the
act. It is not to be unde,rstood. however, that we hold
the appropriation good’ for a longer term than two
years; This statemint is made in view of section 6;
Art. 8, of the, Constitution which provides ‘Nor shall
any appropriation of money be made for a longer
terns-than.two years.’ *
-Sitice the provisions of’Section 6(f) &I%. 8. No. 240 are
eo similar to and in no material respect different from,the provi-
sions~ of Section 23 of the Act of 1917, creating the StateHighway De-
partment; we think out answer to your question.ia controlle>d by the
opiti,?n in -Atkins v. State,Highway Department, ,supra. Therefore,
it is the &nion of this office ~khat’H.~‘B``~No;‘42O, Acts 51st Legisla-
1 ture, made a valid appropriation of the money collected thereunder
by the Commissioner of Agricdture for the. purposes therein stated
for a period of ixo ‘years; beginning June 23~. 1949. and ending June
22, 1951.
House %ill -No. 420, Acts 1949, Slst Legislature,
made a valid appropriation of the money collected
thereunder by the Commissioner of Agriculture for
the purposes stated therein fat a period of two years,
beginning June 23, 1949, and euding June 22, 1951.
Hon. J. E. McDonald - Page 5 (V-887)
Pickle v. Finley, 91 Tex. 484, 44 S.W. 480 (1898)l
National Biscuit Co. V+ State, 134 Tex. 293, 135 S.W.
2d 687 (1940); Atkins v. State Highway Dbpartment,
201 S.W. 226 (Tex. Civ. App. 1917); Tax. Cons& Ark
VIII, Sec. 6.
Yours very truly
ATTORNEYGqNER&LO+TEXAS
Bruce W. Bryant
Assistant.
BWB:mw:tb
g-TJd
ATTORNEY GENERAL
.