TEIEATTORNEP GENERAL
OS-TEXAS
December 21, 1959
Honorable Robert S. Calvert
Comptroller of Public Accounts
Capitol Station
Austin, Texas
Opinion No. W-764
Re: Is the State Comptroller
authorized to make the
transfers from the various
funds specified in Item 14
of the State Building Com-
mission's a propriation,
House Bill 1 Acts 56th
Legislature,'Third Called
Session, to the Euilding
Commmission's fund upon
proper request of the
agency administering the
funds from whick ;rans-
Dear Mr. Calvert: fers are appropriated.
You have requested an opinion concerning whether
the Comptroller is authorized to make the transfers speci-
fied in the ap ropriation to the State Building Commission
in House Bill 1 Acts of the 56th Legislature, Third Called
Session, 1959, bhapter 23, page 442, the General Appropria-
tion Bill. The appropriations to the State Building Commis-
sion for the construction of a second State Office ailding
to be occupied in part by the agencies listed in the appro-
priation and referred to in your request, read as follows:
"Out of Other State Funds:
14. For the purchase of balance
of land in Block 173, City of
Austin, and for the construction
of a second State Office Build-
ing thereon, there is hereby
appropriated from the funds
specified the amounts shown:
Honorable Robert S. Calvert, page 2 (~-764)
a. Special Game and Fish Fund $ 600,000 400,000
and U.B.
b. Professional Engineers
License Fund 225,000 U.B.
0. Public Welfare Adminis-
t@ative.:ISind-:I
C. Federal 587,674 512,326
and U.B.
d. Commodity Distribution
Fund,No. 39 40,000 U.B.
e. Social Security Adminis-
tration Fund No. 929 60,000 U.B.
Subtotal; direct appro-
priations from Other
State Funds $i:,512;674 $zPz,,
~2;
. .
15. The following agencies
are hereby authorized
to transfer the sums
specified to the State
Building Commission as
contributions toward
construction of the
second State Office Build-
ing listed as Item 14 above,
after contracts are entered
into between the State Build-
ing Commission and such agen-
cies for space to be occupied
without rental payments but
providing for the payment
of their proportionate shares
of janitorial, utilities, and
maintenance expenses:
a. State Finance Commission 250,000 u.B.
b. State Board of Plumbing
Examiners 250,000 U.B.
"Any paymentsor receipts to the State Building
Commission from the provisions of Item 15 above
are hereby appropriated to said Commission for
the purposes for which they are received."
Honorable Robert S. Calvert, page 3 (~~-764)
The State Building Commission is the agency of the
State charged with the duty of carrying out the State Build-
ing Program established by the provisions of Section 51-b
of Article III of the Constitution of Texas and Article 67t:~
of Vernon's Civil Statutes.
In Attorney General's Opinion WW-573 (1959), it was
held:
"The Legislature cannot by rider in
the appropriation bill amend a general law.
Attorney General's Opinion V-1304 (1951).
Therefore, the Legislature cannot transfer
special funds to the General Revenue Fund
by an appropriation bill without first
amending the general law creating the spe-
cial fund. The Legislature does have the
power, however, to transfer statutory spe-
cial funds to the General Revenue Fund by
a general law without violating the pro-
vision of Section 7 of Article VIII of the
Constitution of Texas, relating to the di-
version of special funds. Gulf Insurance
Company v. James, 143 Tex. 424, 185 S.W.Z?d
gbb (1945) Attorney General's Opinion
w-544 (19;9).
"Item 16 to the appropriations to the
Attorney General appropriates money for the
purposes authorized by the general law and
It keeps such special funds in a separate
account to be expended only for the purposes
authorized by the Legislature by general law.
Since the appropriation is neither contrary
to any constitutional provision nor to the
general law, it is our opinion that such itef
of the appropriation bill is constitutional.
In Attorney General's Opinion ~~-604 (1959);this
office held that the occupancy of office space is necessary
to the carrying out of the particular duties of an agency
of the State and, therefore, the Legislature is authorized
to appropriate moneys for the payment of rent. By like
reasoning, the Legislature is authorized to appropriate
Honorable Robert S. Calve&, page 4 (W-73!)
moneys for the construction of office space. Since the
State Building Commission is the agency charged with the
duty of the developing of the State Building Program, it
was proper for the Legislature to appropriate the specia;
funds referred to in your request to the State Buiiding
Commission directly or to authorize the Comptroller to
transfer special funds for the purpose of constructing t!:&
State Office Buildin Attorney General's Opinions !-r!l.-541!
p’,“;;,;;-m,~;;59 7; and ~~-604 (1959) and the authori-
.
You are,therefore, advised that you are authorized
to make the transfers specified in the appropriation to
the State Building Commission.
SUMMARY
The Legislature is authorized to appropriate
special funds to the State Building Commis-
sion for the construction of a State Office
Building and such appropriation does not
constitute a diversi~onof the purpose for
which the special funds were created. There-
fore, the Comptroller is authorized to make
the transfers specified in the appropriation
to the State Building Commission for the pur-
pose of providing funds for the construction
of a State Office Blilding. General's
Opinions wW-544 (1959); ~~-57?~~~~~2;; I+W-604
(‘1959 1 .
Yours very truly,
WILL WILSON
Attorney General of Texas
JR:mfh
APPROVED:
OPINION COMMITTEE
W, V. Geppert, Chairman
Henry G. Braswell
Marietta Payne
C. Dean Davis
Gordon Cass
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore