. .
THEATTORNEY GENERAL
OFTEXAS
October 21. 1969
Honorable J. W. Edgar Opinion No. M- 499
Commissioner of Education
Texas Education Agency Re: Whether the Texas Education
201 East 11th Street Agency has authority to im-
Austin, Texas 78711 plement In the 1969-1970
year the additional costs
authorized in House Bill
434, Acts 61st Legislature,
R.S. 1969, and whether the
State Comptroller may Issue
state warrants requisitioned
by the Agency pursuant to
Dear Dr. Edgar: such implementation.
Your recent letter requesting our opinion reads, in
part, as follows:
"House Bill 434 (Chapter 613, Acts 61st
l96q), in Section 1 amends Section
?%'Azt%ie 3222b to allow for'certain in-
creases in allocations, professional units and
initial allotments in the determination of costs
for the operation of county-wide day schools
created under the law; and in Section 2, amends
Article 3222b-1, to authorize the expansion of
the county-wide day school program to Include
counties contiguous to a bi-county day school
program operation, referred to now as multi-
county day schools.
"A net result of these 1969 amendments is
to Increase the cost as well as the benefits of
the county-wide day school programs. Section 5
of Article 32221,requires that the total cost
of operating such county-wide day schools shall
be borne entirely by the State and shall be paid
from the Foundation School Fund; that such costs
shall be considered and included by the Founda-
tfon School Fund Budget Committee In estimating
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I .
Hon. J. W. Edgar, page 2 (M-499)
the funds needed for purposes of the Foundation
School Program and such county-wide day school
program; and further, that no part of the operat-
ing costs for county-wide day schools shall be
charged to any of the school districts of the
State.
"Estimates of the costs of operating the
county-wide day school program as amended by
House Bill 434, supra, for the 1969-71 biennium
were submitted to the Legislature for its bi-
ennial appropriation action and State Comptroller
appropriation bill certification purposes. Set -
tion 3 of House Bill 434 specifies that the amenda-
tory Act shall become effective for the 1969-70
school year and thereafter. The bill was signed
by the Governor on June 11, 1969. The certifl-
cation (June 10, 1969) of the State Comptroller
Is to the effect, we believe, that the amounts
appropriated as set out in the appropriation
bill to support House Bill 434 are within the
amounts estimated to be available in the affected
fund (Foundation School Fund).
"In both the 6O-day appropriation bill of
the First Called Session (Article IV at page IV-~)
and the biennium appropriation bill of the Second
Called Session (Article IV at pages IV-~-T), the
Legislature, in the first two paragraphs, appro-
priates for the biennium to pay the State's part
out of the Foundation School Program for the opera-
tion of county-wide day schools, and as amended by
House Bill 434.
"However, the next or third paragraph in both
appropriation bills reads in part, as follows:
"Notwithstanding any language to the contrary
in the immediate above two paragraph appropriations
or any provisions appearing in the enactments of
the 61st Legislature, Regular Session, listed in
this paragraph, it is hereby specifically provided
that the appropriations therein above for the im-
plementation of new programs to be initiated there-
under or in support of programs enlar ed or im-
proved by the amendatory Acts of the E 1st Legis-
lature, Regular SessionP in following enactments:
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Hon. J. W. Edgar, page 3 (M-499)
. . ., House Bill 434, . . . are hereby made for
the second year of the biennium, 1970-71 only.
I,
. . .
"I would appreciate being advised by your
office of the authority, if any, of this Agency
to proceed to implement In the current 1969-70
year the additional costs authorized in House
Bill 434, and the authority of the State Comp-
troller to Issue state warrants fequisltioned
by this Agency pursuant thereto.
Section 6 of Article VIII of the Texas Constitution
provides in part that 'No money shall be drawn from the Treasury
but in pursuance of specific appropriations made by law. . . .
The language uoted in your letter of request from
House Bill No. 1, Acts 2 1st Legislature, 1969, First Called
Session, and House Bill No. 2, Acts 61st Legislature, 1969,
Second Called Session, Is clear and unambiguous. It imposes
a specific limitation upon the implementation of certain enact-
ments of the 61st Legislature, including House Bill No. 434,
during the fiscal year of 196g-1970, and appropriates money to
be used for such purposes for the fiscal year 1970-1971 only.
You are hereby advised that It is the opinion of this
office that no money has been appropriated for the fiscal
1969-1970 to implement the provisions of House Bill No. 43hTar
Acts 61st Legislature, 1969, Regular Session, Chapter 613, page
1822; therefore, Section 6 of Article VIII of the Texas Consti-
tution prohibits the Comptroller of Public Accounts from issuing
warrants for such purposes.
SUMMARY
Money appropriated by H.B. No. 1, Acts 61st
Leg., 1969, 1st c.s., and H.B. No. 2, Acts 61st
Leg., 1969, 2nd C.S., for implementin H.B. No.
434, Acts 61st Leg., 1969, R.S., Ch. 2 13, p. 1822,
is limited to fiscal 1970-1971 and no money may
be withdrawn from the Treasury for such purposes
during fiscal 1969-1970. /
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, .
Hon. J. W. Edgar, page 4 (M-499)
Prepared by W. 0, Shultz
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Relton, Vice-Chairman
James Quick
Alan Minter
Terry Reed Goodman
Ivan Williams
MEADE F. GRIFFIN
Staff Legal Assistant
HAWTHORNE PHILLIPS
Executive Assistant
NOLA WHITE
First Assistant
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