Untitled Texas Attorney General Opinion

TEEEAT~~ORNEY GENERAL OF XAS June 27, 1962 Honorable H. D. Dodgen Opinion No. WW-1366 Executive Secretary Game and Fish Commission Re: Construction of Item 5 Austin, Texas of theappropriation to the Game and Fish Dear Mr. Dodgen: Commission. Your request for an opinion reads as follows: "At a recent regular meeting of the Game and Fish Commission, the Commission accepted the option to purchase a building and portion of a block in downtown La Porte, Texas. The building to be used to house one of the five regional offices of the Game and Fish Commis- sion. "It was the Commission's intent to pay forthe aforementioned land and building out of Item No. 5 of the Commission's current Biennial Appropriation Law, being Senate Bill No. 1, First Called Session of the 57th Leg- islature. "Approval of the Governor, as required by paragraph 2, page 94 of this Act, is in our hands. "In deciding to purchase the property in question the Commission based its authority upon the provisions found in the first para- graph, page 164, of the above mentioned Act, referring specifically to the term 'capital outlay.' "For your information the Comptroller's expenditure classification of the particular purchase is No. 66. "There has been some oral conversation at the Comptroller's office as to whether or not Item 13, page 93 of the Game and Fish Commis- sion's appropriation, may be an exception to Honorable H.D. Dodgen Page 2 Opinion No. Ww-1366 Item 5. We shall therefore appreciate your opinion as to whether the Game and Fish Commission may proceed with the ac- quisition of this property to be paid for as above indicated." Items 5 and 13 of the appropriation to the Game and Fish Commission of the current General Appropriation Act read as follows: "For the Years Ending h?wt 31, August 31, 1962 1963 "5. Consumable supplies and materials, current and recurring operating expense (excluding travel); opera- tion, and maintenance of passenger automobiles; replacement, operation and maintenance of aircraft; and capital outlay ...................$1,283,800 1,236,800" '13. Building purchases,construction or remodeling: a. For construction of headquarters buildings in Matador Wildlife Management Area............... 50,000 U.B. b. For construction of headquarters buildings in Big Hill Wildlife Management Area .............. 50,000 C. For constructionof various boat docks and storage buildings for berthing of Game and Fish boats 5,000 5,000 d. For remodeling and storage build- ings at Texoma ............... 1,000 1,000 e. For remodeling Marine laboratories at Seabrook and Rockport...... It 1,500 The term "capital outlay" as used in Item 5 is defined by the Legislature in the General Appropriation Act as follows: "The term 'capital outlay! as used in this Article shall mean and include items set out in the Comptroller of Public Accounts' Expenditure Classification,effec- tive September 1, 1959, and numbered 60 to 69.” (Section 11, paragraph 2 of Riders to Article III) According to your request, the purchase of the build- ing and a portion of a block in downtown La Porte, Texas, is included in the Comptroller of Public Accounts' Expenditure Honorable H.D. Dodgen Page 3 Opinion No. ~~-1366 Classification No. 66. Therefore, this particular expen- diture is included in Item 5. Following the appropriation to the Game and Fish Commission is contained the following rider: "None of the funds appropriated above to the 'Gameand Fish Commission may be ex- pended forkthe purchase of land unless such land has been surveyed so as to determine that the acreage involved reasonably and closely approximates the acreage supposedly involved. Land will not be purchased with- out prior approval of the Governor after obtaining the advice of the Legislative Budget Board. None of the funds appropri- ated herein may be expended for the pur- chase of land unless such land is pur- chased with the condition expressed in the deed of conveyance that all income from the mineral estate from leasing, produc- tion and/or sale, and from pipe line rights- of-way purchases will be deposited to the General Revenue Fund." You state in your request that the above rider has been complied with. It is noted that the expenditure of Item 13 would not necessarily be involved in purchases covered by the above quoted rider. Therefore, it is our opinion that the appropriation contained in Item 5 for "capital outlay" constitutes an additional appropriation from those items contained in Item 13. You are therefore advised that Item 5 may be expended for the purposes out- lined in your request. SUMMARY Item 5 of the appropriation to the Game and Fish Commission for "capital outlay" may be expended by the Game and Fish Com- mission for the purpose of purchasing a Honorable H.D. Dodgen Page 4 Opinion No. ~~-1366 building and portion of a block in down- town La Porte, Texas. Yours very truly, WILL WILSON Attorney General of Texas Assistant Attorney General Charles R. Lind ' Assistant Attorney General JR:ms,sh APPROVED: OPINION COMMITTEE: W. V. Geppert, Chairman Fred Ward Gordon Zuber Bob Shannon REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore