OF EXAS
July 31, 1953
Hon. C. H. Cavness Opinion No. S-80
State Auditor
Capitol Station Re: Legality of the Railroad Com-
Austin, Texas mission’s contracting for the
compilation of machine records
data from an appropriationfor
the acquisition of machine ac-
Dear Mr, Cavness; counting equipment.
In your letter requesting an opinion of this office, you have re-
ferred to Items 132 and 133 of the appropriation for the Railroad Com-
missionof Texas for the 1953-55 biennium (Ch. 81,Acts 53rd Leg., 1953.
p. 127, at p* 286). which read as follows:
“For the Years Ending
August 3 1, August 3 1.
1954 1955
$7
‘132. There is herebyappropriatedout of
the Oil and Gas Enforcement Fund
the amounts of. D a D e o D e D e D o p 140.000 100,000
for the acquisition by rental or pur-
chase of machine accounting and re-
pr educing equipment and the supplies,
salaries and contingent expense re-
quired for the installation and opera-
ting thereof; and any unexpended bal-
ance ,at the close of the fiscal year
ending August 31st, 1954, is hereby
reappropriated for the fiscal year be -
ginning September 1st. 1954; provided,
however, that the machine and equip-
ment installations and operating tech-
niques shallbe made subject to the ap-
proval of the Legislative Audit Com-
mittee D
‘133. For the same purposes and subject to
the same restrictions as set out in item
No. 132 above, there is alsoappropriated
from revenues derived by the Oil and Gas
Divisionfrom the sale of reproduced ma-
terial the amounts of o a e D D a e mm~ 10,000 30,000R
Hon. C. H. Cavness. page 2 (S-88)
You have asked the following question:
“Instead of making the machine and equipment installations,
or perhaps part of such installations, contemplated in the above
Items No. 132 and 133, could the Railroad Commission pay, out of
the appropriations provided therein, a fee or fees under a contract
which might be entered into with a commercial concern which would
prepare certain of the oiland gas records, reports, and other data re-
quired ?”
Money appropriated by the Legislature cannot be spent for any
purpose other than that for which it is appropriated. And where the Legis-
lature has prescribed the method of expenditure, that method must be fol-
lowed. It is true tbatthe over-all purpose of the appropriations in Items
132 and 133 is toallow the compilation of certain records and reports. and
if the Legislature had merely provided a sum of moneyfor this general pur-
pose the Railroad Commission would have bad a discretion in selecting the
method by which this purpose was to be accomplished. But here the Legis-
lature has specified the method of expenditure by designating the specific
purposes for which the appropriations are to be spent: it is tobe byacquisi-
tion of equipment and supplies. and by payment of salaries and contingent
expense required for the installation and operation thereof. It is evident
that the Legislature intended for the work to be done on equipmentand by em-
ployees under the direct control of the Railroad Commission. A contract for
the performance of these services through anindependent contractor would
not be in compliance with these requirements.
Therefore, it is our opinion thatnopart of these appropriations may
be used for paying fees toan independent contractor under a contract for the
performance of any of these services.
SUMMARY
Anappropriation toa State departmentfor the acquisition of
machine accounting and reprodncingequipmentand the expenses for
installationand operatingthereof maynotbe used to payan independ-
ent contractor for the preparation of the records, reports. and other
data for which the equipment was intended to be used.
APPROVED: Yours very truly,
David B. Irons JOHN BEN SHEPPERD
Administrative Assistant Attorney General
C. K. Richards
Reviewer
Robert S. Trotti
First Assistant Assistant
John Ben Shepperd
Attorney General