Untitled Texas Attorney General Opinion ( 1942 )

~-k*L, .__... 4%~ - ;< : OFFICE OF THE ATTORNEY GENEP+L OF TE:XAS AUSTIN (paurDGyuuc~ -.- ;.j ...z Eonornblt3 L. 4. KOOdS StateSuperlntemlentof Publio Instrugtion '~.ustln, Texas $ : We have received yo < which you ask the opinion of Ing question: ,;; .< F.otsof the : I of the 'Ruralhia Act 8. "It is herein specifically provided that ,0ub of the money appropriated~foreach 3ChOOl yQeT Of : ‘L-. .. I : I ,f.:zo@leL. A. VOOds, Page 2 . . the.bieIUIiWlthe sm Of l?ourt:illiOn,Three Run- area end Fiftv Thousand Dollars (54,~350.000) is hereby sot aside for Salary Aia;..h;i&Humlr&d and nfenty Thousand DollaM ($920,000)fOX IIiShSchool .Tuition;Three Killion, Thirty-nine Thou&md ant%- wleuty Dollars ($3,039,020)fox TransportationAid; One hundred Thirteen Thousand, Mine fiundredand Scvonty Dollars ($113,9,70) for the edministration of this Act as provided herein; Right Thousand, Tuo Hundred Dollars ($3,200) for the operation of the school.plant aivi3ionin the Department of. mucation, as pcmittcd, authorized, 3ua nppro- priated in thegeneral Dcparizontal Appropriation sill, 'forthe biennim ending August 31, 1043, Five Thousand Dollars ($5,000) for the Census Division in the De9axtnent of Xducation t,obe er- pended by the director thereof on order of the Joint Legislative Advisory Co.md.ttee for,cheoking and ap?rovlna school aemus rolls in seasonal labor not to exoeed forty cents (4OOg)per hour ~therefori Eight Thous~andDollw% ($8,000).for the pdrpose of eqloying an auditor aud for sudh,other and neaes- snry expenses incident to the duties of the Joint LeeislstiveAdv$sory Coattee. Such auditor shall not reoeive.norethan Three Thousand, Six Hundred Doll~s ~($3,600)per jr&r out of tho sum hereby allocated. The auditor and other authorized en+ playoes shall be appointed by the Comittee and. their salary -andnecessary expenses be paid on order of said Committee and nil ouch exqloyees ' . nhall be unaer the aireot ewer*ision of snia Com- mittee or its order. Each of the above namea a,U.o- .:: . cations isfor each yaar of the biehnim.' ,. balmoe under eithor of the I ot the end of the firrrtyee,rof %I, .c ienn ua chs Joint LwislntS.vc Xdvisorg Comittee to .anyallo- cation hcrcin created and set UP." .(Tlnders- ours). This aO,artmnt has held in Opinion 17'0. O-4609 that t!x provZeionsof the Rural,Aid:Act (R.5, 288, Acts 47th Leg.) 122oainSupon the Joint Leglslativc Advisory Comittee the au- thor1t.yto edmi.niOtcr the 1``3ma in violation of Article 11, . : ’ a, , EssorableL. A. IYoods f Page 5 ‘- ,’ gootlon1 of the Constitutionof Texas, and axe for that re3sonuuoonstitutional. The.opinion also hold that the dgtles,powers, and fuuotionn of the Joint LeCislati:To’Ad- vlsOryComittee, except the duty iDposed upon it toostudy the r;chool of Texas in order that such laws my be re- lo;r;s cot~fied,devolve upon and axe to be executed by the State .vderdof Education under Article XII of tho Act, “the sme ~8 if said Comitt,ee had not been created or authorized..V~ Under Sect10112.of Article XIII the appropriation itselfis divided into seven allocatiooa, aud the Joint Legis- lativeAdvisory Committee (9oard of Education) is authorized to transferany unexpended balance in either of the allocations at the end of,the first year of the biennium to any allocation orcotedand set up by,tho Act, ’ : An analogy nay b;K-dravkb&ween the’appropriation uaderconsideration.anda lump su!aappropriationfor several pur9oses.~In the latter them is no clear cut or definite allocationwhile in the fomer these in suoh.allocati~on with. the provision that any unexpended balance in one of the seven dlvlsionsat the end of the first year of the bienuluelmy bo transferredto another @location: i.e., s#ent for another ;ur?ose. ,The.Legislature attempted to authorize the Con- aittee~tomake such a transfer; therefore, under Article )rIIof the Act and Opinion I?o.04609, .suchauthority is vestedin and may be exorcised by the State Board of Education. It follows that your question is amplered,in the affimative; : . Yours very truly