, E OF TE Arinrxiu. TEX.AR 7S711 October 17, 1973 Honorable William H. Skelton Opinion No. H- 132 Chairman Board of Pardons and Paroles Re: Effect of receipt of funds Room 501 John H. Reagan Bldg from Criminal Justice Austin, Texas 78701 Council on appropriations to the Board of Pardons Dear Mr. Skelton: and Paroles You have submitted to us the following questions; “(1) Can the Criminal Justice Council Grant No. 3-51-1688, Computerized Data Management, which has been approved and will be effective September 1, 1973, to August 31, 1974, be imple- mented without the General Revenue Funds appro- priated to the Board of Pardons and Paroles for 1978-74 year being reduced by the amount of the Grant? “( 2) If the Computerized Data Management Project is refunded by the Criminal Justice Coun- cil for fiscal year 1974~75, can the funds be used without the General Revenue Funds appropriated to the Board of Pardons and Paroles for 1974-1975 being reduced by the amount of the Grant? ” The General Appropriations Act for fiscal 1974 (House Bill 139, ‘. 63rd Legislature) states at page 111-110: “In the event that Criminal Justice funds are available to the Board of Pardons and Paroles for continuing programs being funded during the fiscal year ending August 31, 1973, then the amount of p. 634 The Honorable William H, Skelton, page 2 (H-132) General Revenue funds appropriated to the Board of Pardons and Paroles shall be reduced during each year of the biennium, beginning September 1, 1973 by the amount of Criminal Justice funds avail- able for these purposes. ” (emphasis added) The Criminal Justice Council approved Grant Control No. 3-51-1688, providing for Computerized Data Management for the Board of Pardons and Paroles for the period from September 1, 1973, to August 31, 1974, The Computerized Data Management, an automated system designed to improve the flow and procedures required to process the Board’s workload, is a new program and was not funded during fiscal 1973, ending August 31, 1973. The appropriations bill only provides “continuing programs being funded [by Criminal Justice Council grant4 during the fiscal yeariending August 31, 1973” will create a reduction of the General Revenue funds. The grant in question will not cause a reduction in General Revenue funds during fiscal 1974. In addition, it is our opinion that a refunding by the Criminal Justice Council of the Computerized Data Management program for fiscal 1975 will not result in a reducti& in General Revenue funds for that year. The program will then be a “continuing program, ” but it stjll will not meet the condition of “being funded during the fiscal year ending August 31, 1973. ” SUMMARY A reduction in appropriations for the Board of Pardons and Paroles provided for by the Appropriations Bill in the event of refunding by the Criminal Justice Council of “continuing programs being funded during the fiscal year ending August 31, 1973, I’is not required where a new program is funded to commence September 1, 1973. p. 635 I The Honorable William H. Skelton, page 3 (H-132) APPROHED: Opinion Committee p. 636