December 31, 1962
Honorable H. R. Nieman, Jr.
Executive Director
State Building Commission
Austin, Texas
Opinion No, W-1518
Re: Whether appropriated funds
are~available to pay the
fees asset forth in submlt-
ted Purchasing Voucher to
Robert L. Burns for conduct-
Dear Mr. Nieman: ing condemnation proceedings.
You have requested the opinion of thisoffice con-
cerning the payment of a claim for professional services
rendered to the State Builaing Commission in its land ac-
quisition program. According to the ~informationcontain-
ed in your request, this claim is for professionaI services
rendered the State Building Cominl$slon in condemnation pro-
ceedings and otherrelated matters. The Comptroller of
Public Accounts has refused to pay the claim out of an appro-
priation expiring August 31, 1960. The claim was sworn to
th 12th d tember, 1962, and approved for payment
bDiyoZ on SepZmmboer
f Sei
1 1962, and presented to the Comptroller
for payment during the'month of September, 1962.
The contract in question is valid. Attorney General's
Opinion No. W-978 (1961). No question, however, is raised
concerning the validity of the contract nor the validity of
the claim presented. The only question raised is whether this
particular claim may be paid out of an appropriation expiring
August 31, 1960. In Attorney General's Opinion No. w-978
(1961) it was held, "this being the case, the Comptroller is
authorized to make payments for these services services simi-
lar to those presented in the instant casg, su6 ject to the
restrictions of Article 4357, Vernon's Civil Statutes.
Article 4357, Vernon's Civil Statutes, provides that:
"No claim shall be paid from appro-
priations unless presented to the Comptroller
Hon. H. R. Nieman, Jr., page 2 (w-1518)
for payment ,withintwo years from the
close of the fiscal year for which such
appropriations were made. Any claim not
presented for payment within such period
may be presented to the Legislature as
other claims for which no appropriations
are available."
You are therefore advised that the Comptroller of Public
Accounts is not authorized to pay the claim submitted with
your request out of appropriations expiring on August 31,
1960, since such claim xas not presented within "two years
from the close of the fiscal year @gust 31, 196q."
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 appli-
cation to the claim Involved in your request, since ~the claim
does not involve "new construction contracts" nor "repair
or remodeling projects." Instead, the claim Involves profes-
sional services rendered in the acquisition of land.
This office does not have sufficient information before
It to determine whether the payment of this claim may be pay-
able out of an unexpired appropriation or whether this claim
must be presented to the Legislature for payment. You are
therefore further advised that this opinion Is limited strictly
to the question of whether this claim Is payable out of an appro-
priation which expired on August 31, 1960.
SUMMARY
The Comptroller of Public Accounts
is not authorized to issue a warrant
in payment of a claim presented to
I
Hon. H. R. Nieman, Jr., Page 3 (w-1518)
him in September, 1962, against
an appropriation whlch~explred on
August 31, 1960. Article 4357,
Vernon's Civil Statutes.
Yours very truly,
WILL WILSON
Attorney General of Texas
Assistant
JR:mkh:ms
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Pat Bailey
Dudley McCalla
Norman Suarez
Tom Peterson
REVIEWED FOR THE ATTORNEY GENERAL
By: Leonard Passmore