. _-
THE ATNBRNEY GENERAL
OF %-EXAfkl
The Honorable Bob Bullock Opinion NO; H- 817 :
Comptroller of Public Accounts
L.B.J. building Rer Availability of an
Austin, Texas 78711 appropriation to Texas
State Technical Institute.
Dear Mr. Bullock:
you have asked our opinion on the availability of an
appropriation to Texas State Teohnioal Institute ,for the
replacement of a building and equipment de8troyed by fire.
The appropriation is provided in Aots 1975, 61th Leg., ch.
339 at 907 and provides in its entirety:
There is hereby appropriated from the
Ganeral~Reveme Fund for the fiscal
year eoding August 31, 1975, the sum of
$7.19,000forconstructing and equipping
an instructional building at the James
Connally Campus, Texae State Technical,
Institute, to replace a building dsntroyed
by fire.
Although the bill was introduced early in the legfsla-
tive session and was submitted by the Governor as an emergency
;;;yr, it was not enacted by the Legislature untillg; $9,
. It was approved by the Governor on June 19, ,
and became effective on that day.
After the appropriation was effective, the Institute
selected an architect, approved the plan he prepared, advertised
for bid8 and awarded a contract for construction of the building.
p. 3451
. -
The Honorable Bob Bullock - page 2(H&17)
While these actions were begun shortly after the appropriation
became effective, the plans were not approved and the bid
was not accepted until after August 31, 1975. We understand
that the practical and legal time demands inherent in the
preparation of plans and the advertising for bids made
commitment of the funds virtually impossible before August 31,
1975.
In light of these circumstances, your specific question
is: i.
Did the Legislature intend to require
Texas State Technical Institute to
complete letting the contract in the
three month period ending,August31,
'.'1975,
or,is the language in Section 1
merely directing the Comptroller to pay .~,,,', ".,:
the expenses cut of,fiscal 1975 funds?
.,.,
The funds involved here are appropriated "from the General
Revenue Fund for the fiscal year ending August 31, 1975." If that
phrase limits the appropriation to the 1975 fiscal year it
would have expired on August 31, ,1975,before th,e,Ins,titu,te
would have had any,practicalopportunity,.to develop,plans and
commit expenditures. On the other hand, if tHe phrase merely
describe6 the fund from which the money is to be taken, the
appropriation has not expired.
Legislative acts are to be construed in a manner which
will avoid constructions which render the statute meaningless,
futile or purposeless. Balfour v. Collins, 25 S.W.2d-804
(Tex. Sup. 1930); City ~f&h&~;.~&';~~~& t.W.2d
61 (Tex. Civ. App. -- Beaumont
Karren, 191 S.W. 600 (Tex. Civ. App. -- San Antm9fi,
writef'd). Given this rule of statutory construction, it
is our view that the statute should not be construed to
expire before there was any real opportunity to commit,the
".Ifunds to the replacement of the fire-destroyed building.
Accordingly, it is our opinion that the funds are currently
available for expenditure and that the reference to the
General Revenue Funds for 1975 merely is intended to describe
the fund from which the money is to be drawn, and for the
purposes of this opinion may be considered as surplusage.
p. 3452
The Honorable Bob Bullock - page 3 (H-817)
SUMMARY
The appropriation to Texas State Technical
Institute provided in Acts 1975, 64th Leg.,
ch. 339 at 907 is available for expenditure.
Very truly yours,
APPROVED:
mID M. KENDALL , First Assi'stant
jwb
p. 3453