E ATTORNEY GENERAL
OF TEXAS
December 29, 1971
The Honorable Albert A. Rooker opinion No: M-1031
Executive Director
Governor's Commission Re: Authority of Governor's
Physical Fitness Commission on Physical
4200 North Lamar, Suite 107 Fitness to purchase.
Austin, Texas 78756 station wagon under Gen-
eral Appropriation Bill
III-70 and under travel
regulations V-14, Section
Dear Mr. Rooker: 18, Article 13.
You ask our opinion as to the authority of your Commission
to purchase a station wagon. In a supplemental letter you
set out in detail the various uses to which the vehicle would
be put. For the purposes of this opinion these uses are set
out as follows:
1. "Continuous travel to communities through out
the state, performing the duties as charged to
this agency by law. This travel will be occa-
sional by an individual but frequent by groups
or teams conducting clinics, workshops, etc.
2. Large amounts of equipment such as 16 millimeter
projectors, speakers, portable P.A. systems,
overhead slide projectors, easels, etc. will be
used in most presentations at clinics, workshops,
or even by our speakers bureau.
3. Intra-city transportation needs by a small a-
gency located two miles from state capitol com-
plex has become a major problem in the few short
weeks of our existence. More than 30 trips from
agency headquarters to other state agencies and
suppliers have already been necessary for our
operation. This is a transportation problem
which can also be solved by the station wagon
and has no other method of reimbursement for
personal vehicle use. Most of our supplies
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Honorable Albert Rooker, page 2 (M-1031)
will be purchased through the new Board of
Control Central Supply Store. Larger state
agencies may own trucks, etc. for this use
but it would be impractical for agencies
of our size to use different types of ve-
hicles for each different type operation.
Therefore, the station wagon would resolve
mored our transportation requirements than
any other solution.
4. The purchase of a station wagon and its
operation have been included in proposed
budget planning which was used at the initial
senate committee meeting which created this
agency. This expenditure was also approved
as part of operating budget by our 15-member
Commission members at its first commission
meeting."
The Appropriation to your Commission for the year ending
August 31, 19721 is $63,451.00 out of the General Revenue Fund
for purposes set out as follows:
"There is hereby appropriated to the Governor's
Commission on Physical Fitness for salaries of
exempt and classified positions, professional fees
and services, part-time and seasonal help, travel,
consumable supplies, and materials, current and re-
curring operating expenses, capital outlay and all
other activities for which no other provisions are
rnX ' (Emphasis added.) (at p. 111-70).
The Appropriation Bill 2 contains in Section 18 of Article
V thereof, relating to General Provisions, the following ex-
ception relating to the expenditure of money for the purchase of
passenger vehicles:
"a . None of the moneys appropriated in this
Act may be expended for the purchase, maintenance
1. S.B. 11, Acts 62nd. Leg. R.S. 1971, as amended by S.B. I,
Acts 62nd. Leg. 1st Cis., 1971.
2. See Footnote 1.
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. I
Honorable Albert Rooker, Page 3 (M-1031)
or operation of a passenger car. . . unless authority
to do SO is stated by the language of this Act.
b. Only the following passenger-carrying vehicles
are exempt from the restrictions on purchases, main-
tenance, and operation specified in this Section. . .
buses and station wanons regularly used for the mass
transportation of numbers >f people and essential to
the efficient management of the operating agency of
the State." (at p. V-43).
Purchase of a station wagon in the first instance could not
be made "unless authority to do so is stated by the language of
this Act." Furthermore, the above stated exceptionti this pro-
vision is not operative unless the station wagon (1) were to be
used for mass transportation and (2) is essential to the efficient
management of the operating agency of the State.
We note that the budget prepared by your Commission for pre-
sentation to the Legislature specifically referred to a "station
wagon motor vehicle' as a part of the requested appropriation
of $63,451.00. This sum was granted in toto by the Legislature.
Secondly, you state that the station wagon will be used frequently
to transport "groups or teams conductirg clinics, workshops, etc.";
and that the station wagon "would resolve more of our transporta-
tion requirements than any other solution." As a consequence of
this, we are of the opinion that your Commission does have authority
to purchase a station wagon out of funds appropriated to it for
the fiscal year ending August 31, 1972.
SUMMARY
The Governor's Commission on Physical Fitness
is authorized to purchase a station wagon for the
stated purpose out of funds appropriated to it for
the fiscal year ending August 31, 1972.
submitted,
ey General of Texas
Prepared by James H. Quick
Assistant Attorney General
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Honorable Albert Rooker, page 4 (M-1031)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W.E. Allen, Co-Chairman
Ben Harrison
Bill Craig
Fisher Tyler
Bob Davis
SAiiMCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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