Hon. H, A. Beckwith, Chairman Board of Water Engineers Austin, Texas Opinion Nor V-1345. Re: Authority of the Board of Water Engineers over the appropriation to the Interstate Compact Commission In the gen- eral appropriation bill for the birnnium ending Bear Sir: August 31, 1953. You have requested an opinion of this of- fice relating to the authority of the Board of Wetsr Rugineers to supervise the expenditure of the appro- priation made to the Intersfete Compact Commission in the general appropriation bill for the biennium ending August 31, 1953. Your problem has been raised by the refusal of the Comptroller to issue a warrant against the In- terstate Compact Commission funds on a voucher signed by you as Chairman of. the Board of Water Engineers. The specific question asked is as follows: “Your opinion Is now respectfully requested as to whether this Board has succeeded to all of the )owar, duties and p’roperties of the Interstate Compact Commission created under the 1949 Act, or whether the Board of Water Engineers is relieved of any future duties except those advisory duties which now exist under general law in respect theretoo” The appropriation in’question is as ‘follows: Bon. H. A. Beckwith, page 2 (V-1345) “INTERSTATECOMPACT COMMISSION Subject to the provisions appearing at the end of this Article, there is hereby appro- priated out of the General Revenue Fund to the Interstate Compact Commission for each of the fiscal years of the biennium ending August 31 1953, the sum of Ten Thousand Dollars ($lO,OOO) for the payment of sala- ries and other necessary expenses for said Commission. Said acorouriation shall be a- pended under the directlon and sucervision gf thn State Board of Water m . p one ti s and facilities owned bv the u- tzrstzteeComoact Cow shall be maQa available to the State Board of illate EnQ pe rs for the nurnoses of this Sect&.” - & 4 6 R.S. 1951, ch. 499; p: (Emphasis added.) The last two sentences of the above rider indicate that the Board of Water Engineers has suc- ceeded to most, if not all, of the duties of the In- terstate Compact Commissioner.8 However, the appro- priation is made to the Interstate Compact Commission, an independent commission created by general statute, and if the provisions in the last two sentences of the rider attempt to alter, amend or repeal the gen- eral statute, they are invalid. .ittly Gen. op. v- 1254 (19511 D The general statute (X.B. 594, Acts 5lst Le R.S. 1949 ch. 330 p0 716 codified as Art. 74%;; V.C.S.) grovides for certain duties to be per- formed by the Commissioner OP, with the Governor’s ap- proval, by assistants employed by him. Some of the duties have been completed, and others have been re- moved by subsequent legislation. ,Att’y Gen. Op. V- 1307 (1951) . However, no general iegislation has transferred the remaining activities or the control over them from the Interstate Compact Commissioner to the Board of lJater Engineers. Therefore, the attempt to transfer the duties and control by a rider in the general appropriation bill creates a conflict with the general statute, and the attempt must fail. The last two sentences of the rider are of no force or effect. Att’y Gen. opa V-1254 (1951). Hon. H. A. Beckwith, page 3 (v-1345) Section 5 of the general statute creating the Interstate Compact Commission appropriated funds for the first two years’ operation and expressly provided that the Interstate Compact Commissioner was to sign the vouchers for which warrants would bs issued against the appropriation. Section 5 has now expired and the appropriation for the present bien- nium does not have a comparable provision. However, the present appropriation is made to the Interstate Compact Commission, and even without express author- ity, the head of the Commission is the proper one to sign the vouchers. To answer your question speciflcally the duties of the Board of Water Engineers in relakon to the Interstate Compact Commission are those which are set out by Section 4 of Article 7466g: “The State Board of Water Engineers shall furnish the Interstate Compact Com- missioner appointed hereunder such factual data and information as it may have avail- able and shall cooperate with the Inter- state Compact Commissioners in the perform- ance of his duties.” That portion of the rider in the gen- eral appropriation bill (H.B. 426, Acts 52nd Leg., R.S. 195l, ch, 499, p. 1228, at p* 1374) which transfers to the Board of Water Engineers control over the appropria- tion made to the Interstate Compact Commis- sion is an attempt to amend the general statute placing the control in the Intsr- state Compact Commissioner and is invalid. Att'y Gen. op. V-1254 (1951). The Interstate Compact Commissioner is the proper person to sign vouchers for which - ^ Hon. He A. Beckwith, page 4 (V-1345) warrants will be issued against tkfe appro- priation to the Interstate Compact Comis- sion. APPROVED: Very truly yours C. K. Richards PRICE DANIEL Trial & Appellate Division Attorney General Jesse P. Luton, Jr. Reviewing Assistant By"$+%V'& Charles D. Xathews E. Way Thode First Assistant Assistant EWT:wb