Untitled Texas Attorney General Opinion

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 -5029- 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. -5030- . 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 -5031- 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 -5032-