AUSTIN 11. TEXAS
WI& WILSON
*ITo- GENERAI.
September 26, 1961
Honorable Robert S. Calvert
Comptroller of Public Accounts
Austin, Texas
Opinion No. WW-1153
Re: Authority of Highway Commi.s-
sion to direct the Comptroller
of Public Accounts to trans-
fer from the State Highway
Fund moneys to the Attorney
General's Operating Fund
Dear Mr. Calvert: and related questions.
Your request for an opinion reads as follows:
"The State Highway Department has requested a
transfer of $300,000.00 from the State Highway fund
to the Attorney General's operating fund. This re-
quest is made under authority of a rider in Senate
Bill I, Acts of the First Called Session, 57th Leg-
islature (the Appropriation Bill).
"The rider found in the above bill is as follows:
"'The State Highway Commission is authorized
to direct the State Comptroller to transfer funds
as it may consider necessary from the State Highway
Fund to the Attorney General's Operating fund as
reimbursement of the Attorney General's Operating
fund for salaries and expenses of the staff of the
Attorney General in the handling of the legal work
of the State Highway Department for the purpose of
acquiring State Highway right of way.*
"Article 6694, V.C.S., provides as follows:
"'All funds coming into the hands of the Com-
mission derived from the registration fees or other
sources provided for in this subdivision, as col-
lected, shall be deposited with the State Treasurer
to the credit of a special fund designated as "The
State Highway Fund", and shall be paid only on
- .
Honorable Robert S. Calvert, page 2 (W-1153)
warrants issued by the Comptroller upon vouchers
drawn by the chairman of the commission and ap-
proved by one other member thereof, such vouchers
to be accompanied by itemized sworn statements of
the expenditures.'
"Assuming that the funds in question are to
be expended for the building and maintaining of
a system of highways, the problem facing me is,
the correct procedure to be followed in making
the money available for your use.
"Please advise:
"(1). Would the making of a lump sum trans-
fer to your operating appro riation violate the
requirements of Article 669E V.C.S. which plainly
states that withdrawals from the State Highway
Fund shall be by the issuance of a warrant to be
issued upon the presentation, to me, of an item-
ized account approved by the State Highway Com-
mission?
“(2). If you hold that the rider does not
contravene a General Statute and that lump sum
transfers may be made from the Highway Fund, must
the transfer of the $300,000.00 be on a reimburs-
able basis?
“(3). If you find that the Highway Funds may
be used by you on a reimbursable basis, would the
same rule of law a ply to the appropriations in
the amount of $15,E32.00 to the Executive Depart-
ment and the appropriations of $lO,OOO.OO to your
department. These appropriations are found in
S.B. I, Acts of the First Called Session, 57th
Legislature."
The Legislature has the authority to create operating
funds as an efficient method of carrying out the purposes for
which special funds are created. Attorney General's Opinions
~~-554 (1959), ~-557 (19591, W-573 (19591, and WW-1122 (1961).
Whenever the State Highway Commission directs the
State Comptroller to transfer funds it may consider necessary
from the State Highway Fund to the Attorney General's Operating
Fund as reimbursement of the Attorney General's Operating Fund
for salaries and expenses of the staff of the Attorney General
Honorable Robert S, Calvert, page 3. (ww-1153 1
in handling the legal work of the State Highway Department
for the purpose of acquiring State Highway rights-of-way,
it has complied with the provisions of Article 6694, Vernon's
Civil Statutes, quoted in your request and has used an efficient
method of carrying out the purposes for which the State Highway
Fund was created. You are therefore advised in answer to your
first question that a lump sum transfer to the Attorney General's
Operating Fund does not violate Article 6694, Vernon's Civil
Statutes.
In answer to your second question, the wording of the
rider quoted in your request appearing on Page III-96 of the
General Aoorooriations Act states that the Highwav Commission
is authorized‘to direct the State Comptroller-to iransfer funds
as it may consider necessary. Therefore, it is entirely within
the discretion of the State Highway Commission to determine
whether the transfer be made in a lump sum or otherwise. In
other words, the transfer to be made from the Highway Fund is
not required to be made on a reimbu:sable basis.
In addition to the rider quoted in your request, the
Legislature has made specific transfers from the Highway Fund
in the amount of 10,000 to the Attorney General's Operating
Fund (Page III-17$ and in the amount of $15,432 to the Governor's
Office (Page 111-72). These sums are specific transfers that
should be made in one lump sum. The transfer of $300,000.00
to the Operating Fund of the Attorney General's Office is ex-
pended for the purpose of paying salaries and expenses of the
Attorney General in the handling of the legal work of the State
Highway Department for the purpose of acquiring rights-of-way.
Such expenditure may be reimbursed by the Federal Government
in the Interstate Highway Program. Therefore, in order that
proper audits may be made for the purpose of obtaining Federal
reimbursement, the $300,000.00 transfer should be placed in the
Operating Fund of the Attorney General's Department by the
Comptroller and kept separate and apart from other funds in
such Attorney General'8 Operating Fund.
SUMMARY
The Legislature is authorized to provide
in the General Appropriations Act for the
creation of operating funds and may direct
the Comptroller of Public Accounts to
transfer to various operating funds State
Highway Funds as an efficient method of
carrying out the purposes for which the
Honorable Robert S. Calvert, page 4. o-w-~153 1
Highway Fund was created. Attorney
General's Opinions WW-554 (1959),
w-557 (1959 1, Ww-573 (1959 1, and
~~-1112 (1961). The transfer of
moneys pursuant to a rider that the
Highway Commission is authorized to
direct the State Comptroller to trans-
fer funds to the Attorney General's
Operating Fund for salaries and ex-
penses of the Attorney General's staff
in handling of the legal work in acquir-
ing rights-of-way should be transferred
to the Attorney General's Operating Fund
and kept in the Attorney General's Operat-
ing Fund, separate and apart from other
funds in such Operating Fund, for the
purpose of proper auditing in order to
acquire Federal participation in such
expenditure.
Yours very truly,
WILL WILSON
Attorney General of Texas
ByQ~~eegW--
JR:mm:zt Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Henry G. Braswell
Marvin Thomas
Riley Eugene Fletcher
J. C. Davis
REVIEWED FOR THE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.