Honorable James A. TuMan Oolnlon WW-93
House of Representatives
Capitol Station Re: Whether Ii.B. No. 8, and
Austin, Texas H.B.No. 584 are approprla-
tion bills requiring the
certification of the Comp-
troller of Public Accounts
pursuant to Section 49a ,’
of Article III :of.the Con-
Dear Mr. Turman: stitution of Texas.
Your letter of April 2, 1957, to which Is attached copies
of House Bill No. 8 and House Bill No. 584, states that a point of
order has been raised in aonnection with the consideration of
these bills by the EducMSon Committee of the House. The point
of.ordGr raises the quetitlonof whether-said bills are In facts
apptidprlationbills thereby requiring the certification of the
.,.~~
_ Comptroller of Public Aacounts pursuant to the provisions of
Section @a of Article III of the Constitution of Texas.
The aforementioned constitutional provision reads in part
as follows:
"Prom and after January 1, 1945, save irithe case of
emergency and Imperative public neCesslty and with a four-
fifths vote of the total membership of each House, no ap-
propriation In exci4ss~ofthe cash and anticipated revenue
of the furidsfrom which such appropriation 1s to be made
shall be valid. From and after January 1, 1945, no bill
containing an approptilatlonshall be considered as passed
or be sent to the Governor for consideration until and
unless the Comptroller of Public Accounts endorses his
certificate thereon showing that the amount appropriated
Is within the amount estimated to be available In the
affected funds. When the Comptroller finds an approprla-
tlon bill exceeds the estimated revenue he shall endorse
such finding thereon and return it to the House in which
same originated. Such Information shall be Immediately
made known to both the House of Representatives and the
Senate and the necessary steps shall be taken to bring
such appropriation to within the revenue, either by pro-
viding additional revenue or reducing the appropriation."
Honorable James A. Turman, page 2 (WW-93)
House .BillNo. 8 establishes new minimum salary schedules
for various public school teachers and administrators and pre-
scribes a formula basis for the calculation of same. Therefore,
House Bill 8 constitutes preexisting law authorizing future
appropriations and Is not an appropriation within itself. House
Bill No. 584 amends Section 2, Article V, Chapter 334, Acts of the
51st Legislature, Regular Session, 1949, by providing for a mlni-
mum monthly salary for school bus drivers with the further pro-
vision that funds for such purpose shall be allocated from the
Foundation School Fund.
Sections 2(h) and 2(i) of House Bill No. 584 state In sub-
stance that the sum of Two Hundred Fifty Thousand ($25O,OQO.O0)
Dollars is appropriated to the State Board of Control for the es-
tablishment of the School Bus Revolving Fund. However, th:s pro-
vision was merely carried forth from the earlier Acts and if It
does attempt to make an appropriation It is invalid because the
same is not provided for In the caption of the Bill.
You are therefore advised that, since neither House Bill
No. 8, nor House Bill No. 584 makes an appropriation withln the
meaning of the above cited constitutional provision, neither of
said bills is required to be certified by the Comptroller of
Public Accounts.
SUMMARY
Since neither House Bill No. 8 nor H3,us.e
Bill
No. 584 makes an appropriation within the mean-
ing of Section @a of Article III of the Consti-
tution of Texas, neither of said bills is re-
quired to be certified by the Comptroller of
Public Accounts.
Yours very truly,
WILL WILSON
Attorney General of Texas
LP:pf:zt By &@zq,& f%u?.+r /<+z
y.c,
APPROVED: Leonard Passmore
OPINION COMMITTEE: Assistant
H. Grady Chandler, Chalrman
Edwin P. Horner
John Reeves
Joe G. Rollins
F. C. (Jack) Goodman