- TEIEA'ITORNEYGENERAL OFTEX.`` AUSTIN. TEXAS May 3, 1949 Hon. J. E. McDonald Commissioner of Agriculture Austin, Texas opinion No. v-@l. He: Availability of the appropria- tion contained in Item 76 for the current fiscal year to the State Department of Agricul- ture for the purchase of auto- mobiles. Dear Sir: The question you have submitted for an opin- ion is, in substance, as follows: May automobiles be purchased out of funds appropriated id Item 76 of the cur- rent appropriations made to the State De- partment of Agriculture by Senate Bill No. 391 Acts of the 50th Legislature? The appropriations made to the State Depart- ment of Agriculture for the current biennium are found in Items 1 through 88, Acts of the 50th Legislature, ppO 811-816, In order to ascertain whether the Legisla- ture intended for you to purchase automobiles from the appropriation found in Item 76, it becomes necessary to examine similar items of appropriation made to the several divisions of the State Department of Agricul- ture, the pertinent parts of which are: GENERAL OFFICE DIVISION "Item 9, Equipment, *, supplies repairs to equipment and cars." !Empha- sis added throughout) Hon. J. 2. McDonald - Page 2 (V-821) MARKETS AND WAREROUSE DIVISION "Item 18. Postage, printing, repairs, equip- ment, supplies, traveling expenses ana contingent." (Payable out of Charter Filing Fees) FIELD, SEED, CERTIFICATION DIVISION "Item 23. Postage, printing, repairs, equip- ment, supplies, traveling expense and contingent." (Payable out of Special Pure Seed Fund). SEED LABORATORY DIVISION "Item 34. Postage, printing, repairs, equip- ment, supplies, traveling expense and contingent." (Payable out of Seed Laboratory Fees) WEIGHTS AND MEASURES DIVISION "Item 43. Weights and Measures Equipment, w, repairs, and supplies." "Item 44. Office Assistant, Inspectors and Seasonal help not to exceed $190. per month each; postage, printing, repairs, equipment; supplies, traveling expenses, contingent and seasonal salaries, none to exceed $2,200. per year each." (Payable out of Weights and Measures and Milk Testing Fees) HORTICULTURAL INSPECTION AND QUARANTINE DIVISION "Item '76. Postage, printing, repairs, equip- ment, supplies, traveling expenses ana contingent." (Payable out of Nursery Inspection Fees) "Item 82. Postage, printing, repairs;equip- ment, supplies, autoiuobiles;trar- eling expense, bond ~premiums and contingent." (Payable out of Citrus Maturity Inspection and Color Added Fund and Agricultural Protective Aid Fund) Eon. J.,E. YcDodald - P8ge-3 (V-821) "Item 88. Postage, printing, repairs,-equip- ment, supplies, automobiles, trav- eling expense, ana ti iP;nble out of G&u": G%k" The Legislature used the nora nCarsn in Items 9 and 43, and wantomobilesw ~in~Items 8? ana.88. Neither'of these words is found in Itam 76, nor in any of the other Items of Appropriations heretofore quoted. Therefore, it appears that whenever the Legislature in- tended for cars or automobiles to be purchased out of a particular appropriation, it employed language to clearly express such intent. Since both the~woraS"crrrsw and "automobilesw were ommitted from Iteaq76, such ais- sion leads us to the inevitable conclnsion that the Leg- islature did not intend for the money appropriated in that item to be expended for the purchase of automobiles. We ao~not mean the absence of the word *car- or "automobile", in ana of itself;is conclusive in such cases. It is the Specific language in other it8ausof apprbpriation t0 the same Department from Stii1ar reve- nues which lends Significance to the absence of direct language in this particular instance. SWMARY . Money appropriated in Item 76 of the ap- propriation t0 the Stat8 Department Of Agri- culture fbr the Current fiscal year may not be expended for the pUrChaS8 Of aUtCmObi18S. (S.B:No. 391, Acts 50th Leg., ppe 811-816). Very truly yours, ATTOIMW GEt?WAL OF!kAS P--- M w ATTORNEY GENERAL BY BruCe W. Bryant E#B:wb Assistant
Document Info
Docket Number: V-821
Judges: Price Daniel
Filed Date: 7/2/1949
Precedential Status: Precedential
Modified Date: 2/18/2017