Honorable Raymond W. Vowel1 Opinion No. WW-312
Acting Ekecutive Director
Board for Texas State Hospi- Re: Whether a Cert8in c1ai.m is
ta3.s and SpecLal Schools barred b the provi,siona of.
Austin, Texas Article 5 3.57 Revised Civil
Statutes of texas, 1925, as
Dear Mr. Vowel1 : amendedI)
The claim Involved in your request was presented to
the Board for Texas State Hospitals and Special Schools on the
8th day of July,1957 .and was approved by the Board on the 24th
day of September, 19 4-(, and presented to the Comptroller for pay-
ment between the 24th day and. the 30th day of September, 1957.
The claim arose by vlrtue of service rendered pursuant to a con-
tract entered into on the 14th day’of Apr’il, 1954, for archi-
tectural services in connection with construction at the Eas,t
Texas Tuberculosis Hospital,
House Bill 11’1 Acts of the 53rd Legislature, Regular
Session 195js Chapter Si, page 144, appropriated $291Q0,000.0C:
out of ehe State Hospital Fund to the East Texas Tuberc’ulosis
Hospital for constructing and equipping buildings. This appro-
priation was made for the fiscal year ending August 319 1955.
The $th Legislature, ,dn House Bill 140, made the fol-
lowing appropriation to the East Texas Tuberculosis Hospital
for the fiscal years ending August 31, 1956 and August 319 1957:
“Any unexpended balances in the appropriation
for constructing and equipping buildings for the
East Texas Tuberculosis Hospital made In Item 7s
Section le Article II (page 144) of Chapter 81
(House Bill No’. 111), Acts of the Fifty-third Leg-
islatuxe, Rsgular Session, remaining as of August
31, 195ss are hereby reappropriated for the same
purposes specified in that Act for the biennium be-
ginning September 1, 1955.”
Article k357, Revised Civil Statutes of Texas, 1925
providing for the keeping of a list of claims by the Comptroller
Honorable Raymond W. Vowell, page 2 (WW-312)
of Public Accounts was amended in 1931 by the provisions of
House Bill 495, Acts of the 42nd Legislature, Regular Session,
1931, Chapter 24js by inserting the following provisions :
“No claim shall be paid from appropriations
unless presented to the Comptroller for payment
within two (2) years from the close of the fiscal
year for which such appropriations were made, but
any claim not’presented for payment within such
period may be presented to the Legislature as other
claims for which no appropriations are available. n
!Che phrase .“wlthln two (2) years from the close of the
fiscal year for which such appropriations were made’) refers to
the fiscal year during which the appropriated funds become avail-
able for disbursement, and it Is not limited to the first year
the appropriated funds are available but applies to all fiscal
years during which the appropriated hutids are available for dis-
bursement 0 Attorney General’s Opinions V-1416 (1952) and MS-
10 (1953).
Prior to the 1931 amendment to Article 4357g the Comp-
troller had no power to close out accounts on various appropria-
tions since there was no limitation as to when claims against
such appropriations c,?uld be presented. Subsequent to the 1931
amendment, the Comptroller could close out the accounts on the
various appropriations after two years had expired from the close
of the fiscal year for which the appropriatlons involved were
made. The close of the fiscal year for which the original appro-
priation of $2,100 000,OO was made was August 31 1955, and the
close of the fiscal year for which the reappropr Jation was made
was August 31;1957.
Since the claim involved In your request is payable
out of the appropriation for the fiscal years ending August 31,
1956, and August 31, 1957 and has been presented within two
years from August 31, 1953, it is our opinion that the claim is
not precluded from being paid by the provisions of Article 6357.
Any statement contained In any former Attorney Gen-
eral’s Opinion concerning a construction of Article 6357 contrary
to this Opinion is hereby expressly overruled.
Honorable Raymond W. Vowell, page 3 (WW-312)
A claim payable out of an appropriation for
the biennium ending.August 31, 1957s may be pre-
sented to the Comptroller until August 31, 1959.
Your8 very truly,
WILL WILSON
Attorney General of Texas
JR:jl:wb
APPROVED:
OPINION COMMITTEE
Geo o P nlackburn, Chairman
John H. Minton, Jr.
Mrs. l+ariaCta McGregor Payne
B. H. Timnins, Jr.
Fred Werkenthln
REVIEWEDFOR THE ATTORNEY
GENERAL
BY: W. V. Geppert