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THF,,~~oR~'EY GENERAL
OFTEXAS
June 18, 1957
Honorable Robert S. ~Calvert Opinion No. WW-160.
Comptroller of Public Accounts
Capit 01 Stat ion Re: Is the Comptroller au-
Austin, Texas thorized to issue warrant
in the amount of $300.00
for the month of May
against the monies appro-
priated for the current
biennium to the one pen-
sioner affected by House
Dear Mr. Calvert: Bill 1001
Your request for an opinion reads as follows:
“House Bill No. 140 of the Fifty-fourth Legis-
lature, the General Appropriation Bill for this
biennium, recites, in part, as follows:
1’t As much of the Confederate Pens?.on Fund as
may be necessary to pay Confederate pensions and
mortuary claims is hereby appropriated and set
aside to pay such pensions and mortuaries as pro-
vided by law. t
“This is the appropriation language for the
payment of Confederate pensions for the current
biennium.
ttHouse Bill No. 100 of the Fifty-fifth Legis-
lature became effective May 1, 1957. This House
Bill amends Article 6221 of the Revised Civil Stat-
utes and raises the monthly amount payable to the
Confederate Pensioner from $200.00 per month to
$300 per month. There is no appropriation made by
House Bill No. 100 unless it can be construed that
this raise in pension constitutes an appropriation.
If it does constitute an appropriation, then the
bill does not carry the certificate of this depart-
ment as required by Section 49a of Article III of
the State Constitution.
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Honorable Robert S. Calvert, page 2 tww-160)
“There is only one pensioner affected by House
Bill No. 100. He is a Confederate Pensioner approxi-
mately 113 years old.
“Am I authorized to issue warrant to this pen-
sioner in the amount of $300.00 for the month of May
against the monies appropriated for the current bien-
nium? If you hold that the current appropriation is
not available for the payment of his $300.00 pension
warrant for the month of May, then am I authorized
to issue him a pension warrant for $200.00 against
said appropriation for the month of May?”
House Bill No. 140, Acts of the 54th Legislature, ch.
519, p* 1421 (General Appropriation Bill), provides as follows:
“For the Years Ending
August 31, August 31,
1956 1957
“As much of the Confederate
Pension Fund as may be ne-
cessary to pay Confederate
pensions and mortuary claims
is hereby appropriated and
set aside to pay such pen-
sions and mortuaries as
provided by law0
“The sum of such amounts is
estimated to be $ 700,000 $ 700,000”
At the time this appropriation was made Article 6221,
Vernon’s Civil Statutes, provided:
*IOn the first day of each calendar month the
Comptroller shall pay to each married Confederate
Veteran who is livin with his wife, a pension of
Two Hundred Dollars ci$200) per month for as long
as they both may live, and after the death of
either party, then the said veteran, or his widow
still living, shall only draw an amount equal to
other veterans or their widows. To each veteran
now unmarried, or a widower, who is drawing a pen-
sion, or whose application may hereafter be ap-
proved shall be paid the sum of One Hundred Dol-
lars (&loo) per month for each year. To each
widow who is now drawing a pension, or whose appli-
cation may hereafter be approved, shall be paid
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Honorable Robert S. Calvert, page 3 W-160)
the sum of One Hundred Dollars ($100) per month
for each year; provided that any widow who has
been granted a pension, and who is thereafter
admitted as an inmate of -the Confederate Home of
this State, shall thereafter be paid the sum of
Twenty-five Dollars ($25) per month, so long as
she shall remain an inmate of such home. All
pensions shall begin on the first day of the cal-
endar month following the approval of the appli-
cat ion.”
Therefore, at the time of the enactment of Horse RI11
No. 149 of the 54th Legislature the payment to the pensioner
involved in your request was limited to $200.00 per month.
Section 44, Article III of the Constitution of Texas
provides:
“The Legislature shall provide by law for the
compensation of all officers, servants, agents and
public contractors, not provided for in this Con-
stitution, but shall not grant extra compensation
to any officer, agent, servant, or public contrac-
tors, after such public service shall have been
performed or contract entered into, for the perform-
ance of the same; nor arant. bv avnrooriation or
otherwise, any amount of money out of the Treasury
of the State, to any individual, on a claim, real
or pretended, when the same shall not have been pro-
vided for by pre-existing law; nor employ any one in
the name of the State, unless authorized by pre-
existing law .” (Emphasis added)
This provision has been construed by the courts of this
State to mean that the Legislature cannot appropriate State
money to any individual Vnless at the very time appropropriation
is made there is already in force some valid law constituting
the claim the appropriatiy is made to pay a legal and valid ob-
ligation of the State.” ustin National Bank v. Sheuvard, 123
Tex. 272, 71 S.W.2d 242 (1934). See also Fort Worth Cavalrv Club
a 39 83 S.W.2d 660(1935); State v. Steck
~orn~~~? :$b gs :??!62 ‘?ex.Civ.App. (1951, error ref.); Attor-
ney Gen&al’s 6p;nion d-96 (1957).
Article 6221 was amended by House Bill No. 100 of the
55th Legislature which became effective May 1, 1957. This amend-
ment raised the amount of pension that may be paid the pensioner
involved in your request to $300.00 per month, but failed to
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Honorable Robert S. Calvert, page 4 (~-160)
contain any appropriation for the increase payment of pension
provided for in House Bill No. 100.
According to your request, the language quoted above
in House Bill 140 of the 54th Legislature is contained in the
General Appropriation Bill for the biennium beginning September
1, 1957.
Since Article 6221, as amended by House Bill 100, au-
thorizes the payment of $300.00 per month to the pensioner in-
volved in your request, it is our opinion that the sum of
$300.00 per month may be paid beginning September 1, 1957. You
may continue to pay him $200.00 per month out of moneys appro-
priated in House Bill 14.0 of the 54th Legislature until Septem-
ber 1, 1957. The pensioner will have a claim for $100.00 per
month from May 1, 1957, to Septemberl, 1957, since the pre-
existing law creates a claim for the increase in pension for this
period of time.
SUMMARY
The Comptroller of Public Accounts is not au-
thorized to issue a warrant for the increase of the
amount of pension authorized to be paid under Arti-
cle 6221, v.c.s., as amended by House Bill 100 of
the 55th Legislature, until September 1, 1957, since
House Bill 100 did not contain an appropriation to
cover such increase in pension. He may, however,
continue to pay the pensioner the sum of $200.00 per
month until September 1, 1957, and the sum of $300.00
per month thereafter, and the pensioner will have a
claim for the addit ional $100.00 per month for the
period of time beginning May 1, 1957, and ending kg-
ust 31, 1957.
Very truly yours,
WILL WILSON
Attorney General of Texas
JR: jlrwb
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Honorable Robert S. Calvert, page 5 (~-160)
APPROVED:
OPINION COMMITTEE:
J. C. Davis, Jr.,~.Chairman
C. K. Richards
Leonard Passmore