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