Honorable Price Daniel Opinion NO. ww-632
Governor of Texas
Capitol Station Re: Whether H. B. 51 and
Austin 11, Texas H. B. 612 require
certification by the
Comptroller of Public
Accounts pursuant to
Sec. 49a, Article III
of the State Consti-
Dear Governor Daniel: tution.
You have requested an opinion on the following
question:
Whether House Bill 51 and House Bill 612 require
certification by the Comptroller of Public Accounts, pur-
suant to Section @a, Article III, of the State Constitu-
tion.
Sections 1, 2 and 3 of House Bill 51, provide for
the creation by the Central Education Agency of a special
program for non-English speaking children.
Section 4 provides for the cost of operating the
special program and provides as follows:
"Sec. 4. The cost of operating the
special program for non-English speaking
children shall be borne by the State and
each participating district on the same
percentage basis that applies to financing
the Minimum Foundation Program within that
respective district. The cost of the pro-
gram shall include a salary not to exceed
Two Hundred Dollars ($200) per month and a
maintenance and operational allotment of not
to exceed Fifty Dollars ($50) per month for
each teacher. The State's share of the cost
shall be paid from the Minimum Foundation
Program Fund, and this cost shall be con-
sidered by the Foundation Program Committee
in estimating the funds needed for Founda-
tion Program purposes; provided, however,
that said program shall not be set up in
- .
Honorable Price Daniel, page 2. (W-632)
any school district or combination of
school districts unless a minimum of fifteen
(15) children qualify for same and the ex-
tent to which any said school district shall
participate in the Minimum Foundation FZlnd
over and above.the first unit shall be based
on an A D A of twenty (20) qualified pupils.
No State funds provided for herein shall be
used for any purpose other than for the non-
English speaking program herein referred to."
Section 5 provides a severability clause; and Sec-
tion 6 provides an emergency clause.
It is noted that Section 4, providing for the cost
of operating the special program, does nothing more than pro-
vide the pre-existing law for future appropriations and does
not itself contain an appropriation. Attorney Qeneral's
Opinions W-93 (1957), WW-102 (1957) and WW-132 (1957).
Section 49a of Article III of the Constitution of
Texas requires the Comptroller of Public Accounts to certi-
fy that the amount appropriated in any bill containing an
appropriation is within the amount estimated to be available
in the affected funds. Since House Bill 51 does not contain
an appropriation, but merely constitutes the pre-existing
law for future appropriations, you are advised that House
Bill 51 does not require certification by the Comptroller.
House Bill 612 provides for the creation of a
special program for pre-school children by the Central Educa-
tion Agency. Section 4 thereof provides for the,cost of operat-
ing the special pro ram; Section 5 contains a severability
clause and Section E contains an emergency clause.
Section 4, providing for the cost of the program,
provides as follows:
“Sec. 4. The cost of operating the
special program for preschool children who
have a hearing loss shall be borne by the
State and each participating district on the
same percentage basis that applies to financ-
ing the Minimum Foundation Program within that
respective district. The cost of the program
shall include a salary not to exceed the pre-
vailing local salary scale and a maintenance
and operational allotment,of Fifty Dollars
($50) per month for each teacher. The State's
Honorable Price Daniel, page 3. (WW-632)
share of the cost shall be paid from the
Minimum Foundation Program Fund, and this
cost shall be considered by the Foundation
Program Committee In estimating the funds
needed for Foundation Program purposes."
It is noted that Section 4, providing for the cost
of operating the special program, does nothing more than pro-
vide the pre-existing law for future appropriations and does
not itself contain an appropriation. Attorney General's
Opinions WW-93 (1957), WW-102 (1957) and WW-132 (1957).
SUMMARY
Neither House Bill 51 nor House Bill 612
contain an appropriation and, therefore,
neither requires certification of the
Comptroller of Public Accounts pursuant
to Section 49a of Article III of the
Constitution of Texas.
Yours very truly,
WILL WILSON
Attorney Ueneral of Texas
JR:zt Assistant
APPROVED:
OPINION COMMITTEE
Geo. P. Blackburn, Chairman
C. K. Richards
J. Arthur Sandlin
J. Milton Richardson
REVIEWED FOR THE ATTORNEY GENERAL
BY: W. V. Geppert