Untitled Texas Attorney General Opinion ( 1944 )

THEATTOIWEY GENERAL OF ~XAS Honorable Geo. H. Sheppard Comptroller of Public Accounts Austin, Texas Dear Mr. Sheppard: Opinion No. O-6322 Re: Expenses provided for under Article 2609, Revised Civil Statutes cannot in any event be paid from the General Maintenance and Contingent Expense Appropriation made to the A.&M. College. Your letter of April 24, 1945, which is copied below, has been given our careful consideration: "Article 2609, R.C.S., 1925 provides: "'There shall be maintained and instructed at said college annually free of charge to them t_hree students ..... , The Comptroller on proper vouchers being filed in his office by the directors, is authorized to draw his warrant on the State Treasurer against any appro- priation made for such purpose.' Emphasis supplied. "There is no specific appropriation now available for such urpose unless the appropriation made to the A. & M.-77-n&r n the General Appropriation Bill can be used for such urpose. The General Maintenance Appropriation fos b ollege for the biennium end- ing August 31, 1945, reads as follows: For the For the Year Year 1943 1345 "General maintenance, includ- ing supplies, material, labor, equipment, traveling and contingent expenses $108,033 $1zJ3,:130’ "I shall thank you to advise this department whether or nst expenses incurred under Article 2609 may be paid from the General Maintenance and Contingent Expense Appropriation nsde t: the A. & M. College in the biennial appropriation bill.' Under the specific provisions of said Article 2609, you are not authorized tolay any of said expenses until and/or unless the Legisla- ture has "Made for such purpose" a specific appropriation. Honorable Oeo. H. Sheppard - Page 2 O-6322 YOU state in your letter that no such appropriation has been made; that the only possible item from which it could be paid would be that for General Maintenance and Contingent Expense, etc. It Is our opinion that this specific appropriation would not and does not authorize you to pay any ex- penses incurred by students, under the provisions of Article 2609. We are not, of course, passing upon the constitutionality of said Article, or whether the Legislature could, If it desired, make such appropriation. Very truly yours ATTORNEY GENERAL OF TEXAS By s/ Geo. W. Barcus Geo. W. Barcus Assistant GWB-MR-WC APPROVED MAY 3, 1945 s/ Carlos C.AShley FIRST ASSISTANT ATTORNEY GENERAL Approved Opinion Committee by s/BwB Chairman