E Y GENERAL
November 7, 1961
Honorable Robert S. Calvert
Comptroller of Public Accounts
Austin, Texas Opinion No. WW-1188
Re: Pre-existing law for
appropriation to the
Dear Mr. Calvert: Red River Authority.
You have requested our opinion on whether there
is pre-existing law for the appropriation contained in
Senate Bill 1, Acts of the 57th Legislature, First Called
Session, to the Red River Authority on pages 138-139 of
the Supplement to the Senate Journal and reading as
follows:
'IFor the Years Ending
August 31, August 31,
1962 1963
There is hereby appropriated
and there shall be paid to the
Red River Authority out of any
moneys in the General Revenue
Fund not otherwise appropriated,
which sums shall be used for
defraying any expenses necessary
to the management of the affairs
of the district, the sum of $ 50,000 U.B.
The Red River Authority shall
repay said amount to the State
out of the proceeds of the firs:
bonds issued by said Authority.
Your specific question reads as follows:
"Please advise if there is suf-
ficient pre-existing law for'me.to issue
my warrant In the amount of $5O,OOO.flO
In favor of the Red River Authority.
Section 59 of Article XVI of the Constitution of
Texas provides in part:
Honorable Robert S. Calvert, page 2 (WW-1188)
‘There may be created within the State
of Texas, or the State may be divided Into,
such number of conservation and reclamation
districts as may be determined to be essential
to the accomplishment of the purposes of this
amendment to the constitution, which districts
shall be governmental agencies and bodies
politic and corporate with such powers of gov-
ernment and with the authority to exercise
such rights, privileges and functions con-
cerning the subject matter of this amendment
as may be conferred by law.”
Section 1 of Article 8280-228, Vernon’s civil
Statutes, provides as follows:
‘Pursuant to and as expressly autho-
rlzed by Article XVI, Section 59 of the
Constitution of the State ,of Texas, there is
hereby created withinthe State of Texas,
In addition to the,conserva,tion and reclama-
tion districts into which,the state has here-
tofore been divided, a conservation and
reclamation district to be known as ‘Red
River Authority of Texas’ (hereinafter
referred to as the ‘Authority’), which shall
be a governmental agency of the State of
Texas, a body politic and corporate.”
The Red River Authority being created as a govern-
mental agency of the State of Texas pursuant to the expressed
authority In Section 59 of Article XVI of the Constitution of
the State of Texas, you are advised that Section 1 of Article
8280-228, quoted above, constitutes the pre-existing law for
the appropriation referred to In your request,
Section 17 of Article 8280-228 provides:
“For the purpose of providing funds
requisite to secure the necessary studies,
engineering and other servlce,s which may
be necessary, the collection and computa-
tion of data re,specting .regional and general
conditions Influencing the character and
extent of the Improvements necessary to
ei’fect the purposes of the creation of this
Authority to the greatest public advantage,
It is hereby provided that the Authority
may solicit, seek and accept contributions
to Its funds from any other district, autho-
rity or municipality, the Federal Government
.-
Honorable Robert S. Calvert, page 3 (WW-1188)
or the State of Texas, or from any other
source. Any and all grants and gratuities
shall be strictly accounted for and shall
be subject to the same rules, regulations
and orders as are other funfts handled or
disbursed by the Authority.
In view of the provisions of Section 17, Article
8280-228, you are advised that said Article constitutes
sufficient pre-existing law for you to issue a warrant in the
amount of $50,000.00 in favor of the Red River Authority as
provided in Senate Bill 1, Acts of the 57th Legislature, First
Called Session.
SUMMARY
Section 59 of Article XVI of the Con-
stitution of Texas and Article 8280-
228, Vernon's civil Statutes, constitute
sufficient pre-existing law authorizing
the Comptroller of Public Accounts to
issue a warrant in the amount of $50,000.00
in favor of the Red River Authority as pro-
vided in the current General Appropriation
Act.
Very truly yours,
WILL WILSON
Attorney General of Texas
JR:dhs:lgh
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Marvin Thomas
Phillip A. Nelson, Jr.
Jack N. Price
Dudley D. McCalla
REVIEWEDFOR THE ATMRNEYGENERAL
BY: Houghton Brownlee, Jr.