Hontirable Rdber,t ‘3. Calvert bpinion NO. ~-266
Coinptrolleti’of Publib’Accounts
State Capitol Building Re: Whether the OoViz?ndr m&y’
Austin, Texas 78711 authorize the exeehditure
of federal’ grants br al -
locations t’o thB Parks~
atid Wlldlif@ Depafitment
for construction bf ‘a
residence facility at
the Runt&viIU State
Dear Mr. Calvert: Fish Hatchery.
Your ie~quest for an ‘oplnloti reads as follows:
‘Your opinion is.requested in the matter
of an addition to the appropriations made by
the 60th Legislature R;S. in S.B. 15 for the
Parks atid Wildlife Department.
STATEMENT
OF FAC,TS
“1; Parks and Wildlife Department letter
of June 19, 1968 to the Governor recited that
on May 1,9, 1968, lightning &truck the State-
owned residence.in which the Huntsville State
Fish Hat,chery Superintendent resided and the
resulting fire ravaged the house beyond’repalr.
“This letter, requested the ffovernor to au-
thorize expenditure of $25,000 to replace the
destroyed structure.
“2 ., The request for the $25,000 was made
as an addition to the amount appropriated Items
14B of”SB 15, of the 60th Legislature R.S., Page
106 of Supplement to Senate Journal, citing the
first rider paragraph on Page 109 of the supple-
ment which reads as ,follows:
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Hon. Robert S. Calvert, page 2 (~-266)
” ‘Any Federal grants,- . dIlocatlpns_?r aids,
for the conservation anC! lmpi+ovement of game,
fish-and wildlife, or for. ImproVing,’ develdplhg.
and planrilng public parks, or for‘any .oth&r plio-
gram or activity under the statutory.atithority
of’ the Parks and Wlldlife’D@artnient,“ni&y b’e‘
abtiepted .and disbursed ttiough th@. State Treas-
iiry ‘by sald”D&arttieint fbti U-i&‘puzi@os&s ‘fcr
tihloh ‘they. were &a&t&d tid- a&e hereby ‘tipfiro;
ptiiated’ fop &u&hpurposes; prov%dedi. hoivevbr,
that‘$xp&ndltU?e of~.ahy’ such’FedU81” grants,
allbdatlons;‘.or’ aids shall”ndt ‘exd6iid’the ” “”
amounts ahown In the. tich8dule ‘of ap$rdptilatlons
_ _
herel.nabo.ve, or for’ fiuz+poses ‘and” programs tiijt’
&uthorlzed by s&Id schedule ‘of. &pprtiprlatlofis,
shall halie the prior written approval of the
Governor.!
“3. The Governor approved the expenditure
of Federal funds presumed to be available In
the amount and.for the purpose vequested by
Parks and Wildlife Department in his letter of
June lo! 1968,.to.the . . Comptroller,
“4. On June 14; 1968, the domptroll.er -r&-
Quested by letter that Parkli and Wildl’lfe fui!nlsh
wri;tten evidence that Federal funds were so au-
thorized. ,. .
“5.’ Parks and Wildlife by’.letter dated Juhe
19, 1968, stated Federal funds wer$ d&pdeited’ eon
Febivatijr 15, 1968,’ ahd such funds were retieived’
Sn accordance ivlth Article 4050d, V.A.C;S; This
letter also cites Sec. 25, Art. V, 0f’S.B. 15,
60th Legislature R.S. as .addltional.authorlty.
“6. It does not appear that a departmental
construction has been made under these exact
conditions. Therefore we request sn .oplnion on
the following question:
“Does the Governor have the authority to in-
crease the amount of the appropriations under
the rider cited In Number 2 above?
“For your convenience we are.enclosing
photostat copies of the correspondence listed
in the Statement of Facts.”
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-
Hon. Robert Si Calvert, Page iY(a-+P).
In Senate Bill 15,.60th l.+gisla$ure, 1967,'.Regdlaii
Session, the .General Approp~latlons~Blll. *'the dep&%&ital
appropribtion to the PaFks ana',Wlldllfe Department, is found
a rider which states as fqllowpl:
"Any Federal &ants, alldcations or.&lds
'for the conservatioil and 'i?api.o&mexit of'gan&,'
flsh'and wildlife, or for.lmprov%ng, diveloplng
and plsqnlng public parks, or for.any other pro-
gramor activity-under .the sta$utory'.authorlty '.,
of the Parks and Wildlife Department, may be ac-
cepted and disbursed through the State weasury
by said Department for thq.purposes So~Ywhidh
The f&ego& provlslon':oq t& Get%& Appropriations
Bill appropriates to the Parks &nd Wildlife tipartment all federal
grants or allocations of money for the,gurposes for which they
were given to the Parks and Wildlife Department by the Federal
Government. However, such appropri&tlon.contalns certain rcbs-
trlctlons upon the eqpendlture of these funds by the Parks and
Wildlife Department. These restrictions are to the effect that
the expenditure of federal grants or allocations shall not ex-
teed the amount shown in the departmental appropriation to the
Parks and Wildlife Department or be for a ptipose not authorized
in the departmental approprlatlon to the Parks and Wildlife De-
partment. In addition, such expenditures must have the prior
written approval of the Governor.
In Section 25 of Article V of Senate Blll,l52 ,the
General Approptilatlons Bill, there. ls,also found the provision
that:
'Any funds received by &he agencies of the
State named In this Act froq,the United States
Government are hereby appropriated .to such
agencies for the purposes for which the Federal
grant, allocation, aid, or payment was made,
bj t t Che provisions of'thl A t With in
&rEg (300) days after the recdlzt zf*any such.:. '~
Federal grants, allocatidns, aid o~,,payments,.
the amounts thereof and the purposes for which . ,,
they were made shall be reported to the Governor
and ~the LegislaMve3udget Board. (Emphasis added.)
,13ofi-
Hon. Robert S. Calvert, page 4 (~-266)
In'the instant case, the Governor has given his prior
written approval for the expenditure of $25,000.00 In federal
grants or allocations for the restoration of certain residence
facilities at the Huntsville State Fish Hatchery. Item 14-B of
the departmental approprlatlon to the Parks and Wildlife Depart-
ment discloses that the expenditure contemplated by your question
Is one authorized by the departmintal appropriation to the Parks
and Wildlife Department and the amount of federal funds authorized
to be expended by the Governor from federal grants and allocatlons,~
to the Parks and Wildlife Department does not ex.ceed the amount ap-
propriated in Line Item 14-B.
In view of the foregoing we are of the opinion that the
Governor may authorize the expenditure of $25,OOO.OO for construc-
tion of a residence facility at the Huntsville State Fish Hatchery.
Such authorization does not constitute an Increase in the amount of
the appropriation, but merely authorizes the expenditure of funds
already appropriated by the Legislature.
SUMMARY
The Governor may authorize the expenditure
of federal grants or allocations to the Parks
and Wildlife Department for construction of a
residence facility at the Huntsville State Fish
Hatchery. Such authorization does not constitute
an increase in the amount of the appropriation,
but merely authorizes the expenditure of funds
already appropriated by the Legislature.
Vfi truly yours,
Prepared by Pat Bailey
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
Jack Sparks
Jerry Roberts
;z; p;ey
A. J. CARUBBI, JR.
Executive Assistant
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