THEAT&-ORNEYGENERAL
OF TEXAS
Ronorable Robert S. Calvert Opinion No. W 142
Comptroller of Pub110 Acoounts
Capitol Station Re: Construction of Appro-
Aus tin, Texas priation contained in
Section 7 of Senate
Bill 222 of the 55th
Legislature -- the
insurance reorganieation
Dear Mr. Calvert: bills
Your request for an opinion on the certifloation of
Senate Bill 222 reads as follows:
‘1 have before me Senate Bill Flo. 222 for
certification under 8ectfon 49a of Article III
of the State Constitution. Before placing my
certificate upon thie bill, I derlre your inter-
pretation of the language In Sec. 7 thereof,
which Is quoted, in pert, below;
‘There $8 hereby appropriated to the 8tate
Building Commission for the period of time
beginni September 1, ‘1957. and endlngg
Augurt 3, “ft 1959, to obtain a site, plan,
design, construct aad equip an office bulld-
ing or ‘otherwise obtain adequate housing
fa&ilities to house the State Board of
Insurance, ita offioes and employees, all
unexpended balancea on hand or in special
funds credited to the 8tate Board of
Insurance Conm~issionera or the State Board
of Iasuranoe~ on Augus th$
monies appropriated exclusively ‘for other
purposes In the General Appropriation Bill
for the fiscal years ending August 31; 1958
and August 31, 1959. t (Underscorlng supplied).
%he specific question before me Is whether or
not the revenues derived under Articles 7064 and
.
.
I,
:
Bonorable Robert 3. Caliert,’ page 2 Wi-142
7064a of the Revfsed~Clvll Statutes are included
In the language underscored above, and, if bo, do
such revenues Oome within the except&"ed,”
Articlie 7064 Vernon’s Clvll Statutes, izovidcm, in
part, as follows:
?Jpoti +ceipt by the l$oard of’ Insurance
:
Ct+uisaloaeqs of the sworn statements, showin# tha
gross, premium receipts by sudh Insurance callrlera,~
the Boar4 of Insurance Commission&s shall certify
to the State Treasurer the amount of taxes
.
Carrie? apall receive a permit to do.buslneas in
this. State untfl all such taxes are paid,”
(Bmphasir buPs -)
Article 7064a Vernonl~s Civil Statutea prkidee, la
part, as follows 8
0,
“Upon receipt by it of the swan statement
above provided, the Board of Insurance Comissioners
. shall certify to the State .Treasurer the amount of
.
Since. the’ revenue ‘derived under Article 7064’ and
Article 7064a are taxes required to be paid to the State Treea;-
,wer, ,such .revenues are not revenues received by the,,State,
Board of Insurance.
SiMARY
Revenues derived under Article& 7061 and
7064a, Vernon’s Ciyll Statutes, are not
appropriated to the State Building Commlsslon
in Section 7 of Skate Bill 222 of the 55th
Legislature s,ince such revenues are taxes to
be paid to the,State Treasurer and are,:not
revenue8 received by the State Board of
Insurance.
:
.
Honorable Robert 3. Calvert, page 3 Wf-142
Yours very truly,
w1lJ.l WIlBON
Attorney General of Texar
JR:jas: rh
APPRCVRDI
OPINION CONNITTElC
H. Orady’Chaadler, CheirnI8n
J. C. Davis Jr.
Wayland C. hvers , Jr.
B H. Tlm~Ur, Jr.
RRVIRUZDFOR TRR ATTORRRYGlUU!RAL
By: 000. P. Blaokburn