January 26, 1971
Honorable W. S. (Bill) Heatly Opinion No. M- 775
Chairman of the Appropriations
Committee Re: Construction of Article
House of Representatives 4357, Vernon's Civil
Austin, Texas Statutes.
Dear Mr. Heatly:
Your request for an opinion on the above subject matter
asks the following question:
"As Chairman of the Appropriations Com-
mittee of the House, I respectfully request an
interpretation of Article 4357 with specific
reference to the time when appropriated funds
lapse."
The pertinent provision of Article 4357 reads:
,,....No claim shall be paid from appropria-
tions unless presented to the Comptroller for
payment within two (2) years from the close of the
fiscal year for which such appropriations were made,
but any claim not presented for payment within such
period may be presented to the Legislature as other
ciaims for which no appropriations are available.
... ..." (Emphasis added.)
In Attorney General's Opinion V-1416 (1952) it was held:
" .. .. we are of the opinion that the 'fiscal
year for which such appropriations were made' should
be construed to mean the fiscal year during which
the appropriated funds became available for disburse-
ment. .....*
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Honorable W. S. (Bill) Heatly, page 2 (M-775)
See also Attorney General's Opinions WW-1518 (1962). WW-280
(1957) and O-4259 (1942).
You are therefore advised, for example, that moneys appro-
priated for the,fiscal year ending August 31, 1969, do not lapse
until August 31, 1971, and moneys appropriated for the fiscal
year ending August 31, 1970, do not lapse until August 31, 1972.
It is noted that Article 4357 also provides:
"It is specifically provided, however,
that as to all appropriations relating to
new construction contracts, and to repair
and remodeling projects which exceed the
sum of Twenty Thousand Dollars ($20,000.00),
including in either instance furniture and
other equipment, architects' and.engineer-
ing fees and other related costs, any claim
may be presented for payment within four (4)
years from the close of the fiscal year for
which such appropriations were made."
These last quoted provisions, however, have no application
to your request, since the request apparently does not involve
appropriations for "new construction contracts" or "repair
and remodeling projects." Attorney General's Opinion WW-1518
(1962).
SUMMARY
Under the provisions of Article 4357,
Vernon's Civil Statutes, moneys appropriated
for the fiscal year ending August 31, 1969, do
not lapse until August 31, 1971, and moneys
appropriated for the fiscal year ending
August 31, 1970, do not lapse until August 31,
1972. /?
Attorney General of Texas
2'
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c I
Honorable W. S. (Bill) Heatly, page 3 (M-775)
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Jack Goodman
Melvin Corley
Arthur Sandlin
J. C. Davis
MEADE F. GRIFFIN
Staff Legal Assistant
NOLA WHITE
First Assistant
ALFRED WALKER
Executive Assistant
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