,-
The Attorney General of Texas
December 1, 1982
MARK WHITE
Attorney General
Honorable Roy Blake, Chairman Opinion No.MW-519
Supreme Court Building Senate Committee on Administration
P. 0. BOX 12546 Texas State Senate Re: Whether funds appropriated
Austin, TX. 76711. 2546
G-27-J, State Capitol Building for college construction by
51214752501
Telex 9101674-1367
Austin, Texas 78711 second called session of the
Telecopier 5121475.0266 Sixty-seventh Legislature may
be expended without coordina-
ting board approval
1607 Main St., Suite 1400
Dallas. TX. 75201-4709
2141742a944
Dear Senator Blake:
You have requested our opinion as to whether certain funds
4624 Alberta Ave., Suite 160 appropriated for college construction may be expended without approval
El Paso, TX. 79905-2793
9151533.3464
of the coordinating board.
House Bill No. 1, was enacted in May 1982, and became effective
1220 Dallas Ave., Suite 202 upon the adoption of the amendment to article VII, section 17 of the
tiouston, TX. 770024966 Texas Constitution at the November 2, 1982 election. Acts 1982, 67th
7131650-0666
Leg., 2d called session, ch. 1, at 1, provides, in pertinent part:
606 Broadway. Suite 312 Section 1. In addition to sums previously
Lubbock, TX. 79401.3479 appropriated, the following amounts are
8061747-5236 appropriated to the named institutions of higher
education from the general revenue fund and other
4309 N. Tenth, Suite El funds that may be specified for the purpose of
McAllen, TX. 76501-1685 constructing permanent improvements, acquisition
5121662-4547 of land, and major repair and rehabilitation
projects as listed, and those projects or
200 Main Plaza, Suite 400
improvements are hereby authorized. Those
San Antonio. TX. 76205-2797 institutions for which new construction only is
5121225-4191 authorized may use appropriated funds for major
repair and rehabilitation.
An Equal OppOrtunitYI
Affirmative Action Employer
There follow specific appropriations for 17 named institutions,
together with details regarding the purpose of the expenditures. The
first two appropriations, for example, provide as follows:
1. The University of Texas at Arlington
New Construction:
p. 1880
-. -
Honorable Roy Blake - Page 2 @lw-519)
a. Thermal Energy Plant
b. Architecture Building
c. Engineering Building
Major Repairs and Rehabilitation:
d. Renovation of Cooper Center
TOTAL APPROPRIATION $25.000.000
2. Texas Tech University
New Construction:
a. Library Basement Alterations for Computer
Center
b. South Utilities Tunnel Interconnect
c. Completion of Subbasement in Art Building
Major Repairs and Rehabilitation
d. Industrial Engineering Building
e. Civil and Mechanical Engineering Building
TOTAL APPROPRIATION $ 5,900,000
Section 2 of House Bill No. 1 then states:
Funds appropriated in this Act may be expended
only after the advance approval of the
Coordinating Board, Texas College and University
System, in accordance with the statutory
responsibilities of the board. A project shall
not be initiated until the governing board of the
institution has determined tha; there are
sufficient funds available to complete the
project. (Emphasis added).
Section 3 of the bill states:
Part of each institution's appropriation under
this Act represents a distribution of the
undistributed balance of the state ad valorem tax
fund and the remainder is appropriated from the
general revenue fund. Each institution's
distribution from the state ad valorem tax fund is
in the same proportion that the institution's
total of funds appropriated and distributed under
p. 1881
..
Honorable Roy Blake - Page 3 (MW-519)
this Act bears to the total appropriated and
distributed under this Act to all institutions.
You ask whether section 2 requires that the funds appropriated by
House Bill No. 1 "be expended only after the advance approval of the
Coordinating Board."
Section 61.058 of the Education Code provides, in pertinent part:
To assure efficient use of construction funds
and the orderly development of physical plants to
accommodate projected college student enrollment,
the board shall:
. . ..
(8) approve or disapprove all new construction
and repair and rehabilitation of all building and
facilities at institutions of higher education
financed from any source other than ad valorem tax
receipts of the public junior colleges, provided
that:
.. . .
(D) the requirement of approval or disapproval
by the board does not =PPlY to any new
construction or major repair and rehabilitation
project that is specifically approved by the
legislature.
We note initially that the appropriations described herein would
be invalid if they attempted to modify general law. Moore v.
Sheppard, 192 S.W.2d 559, 561 (Tex. 1946); Attorney General Opinions
MW-51 (1979); V-1253 (1951). Section 2 clearly states, however, that
coordinating board approval is required "in accordance with the
statutory responsibilities of the board." Those statutory
responsibilities include an exception limiting the need for board
approval in the situation you present. e Jessen Associates, Inc. v.
Bullock, 531 S.W.2d 593 (Tex. 1975).
Each of the 17 appropriations is categorized by House Bill No. 1
as either "new construction" or "major repair and rehabilitation."
The items of appropriation detail the purposes for which the
expenditures are to be made. In our opinion, it is clear that the
legislature has "specifically approved" each of the "new construction"
and "major repair and rehabilitation" projects funded by House Bill
No. 1. As a result, in accordance with subsection (8)(D) of section
p. 1882
Honorable Roy Blake - Page 4 (MW-519)
61.058 of the Education Code, coordinating board approval is not
required for any of the projects.
SUMMARY
In accordance with section 61.058 of the
Education Code, approval by the Coordinating Board
of the Texas College and University System is not
required to expend any of the funds appropriated
in House Bill No. 1, Acts 1982, 67th Leg., ch. 1,
at 1, for "new construction" and "major repairs
and rehabilitation" at any of 17 named
institutions of higher education.
Very truly yours,
.
&ai&&!d
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Lance Beversdorff
Rick Gilpin
Patricia Hinojosa
Jim Moellinger
p. 1883