J'+' 13, 1953
Hon. HomersGarrison, Jr., ;Director~
Texas Department ‘of Pnblic Safety ”’ .’
Camp Mi+ry:-: *:~
Austin~?fexas .^
Qpblion.No. s-q;:,
.<^ Re:’ Legality of the’ Department of
L 7.c
..
Public Safety. purchasihg~; main-
taining,’ and operat~ing ‘an unL
limited numbersof passenger ‘:
czirrylng vehicles equipped ~w~ith
two-way rad$os,%nd .usea. to safe-
guard public safetyand public
property or to,;enforce criminal
laws. : ._
.‘,
Dear Co@l.~Garrison:
YOU have submitted tw6 questi,ons~, concerning in-
terpret&on of: S.ection 9 .of~ Art.icle VI, ~ChLpter. 81,;: Acts
of the 53rd Legislature (House Bill Ro; ill), the general
appropriation act for the biennium begianing September 1,
1953. That section is as follows: ...’
"Sec. 9. Passenger vehicles.
“a. None of the moneys appropriated in
~~this, Act may be expended for the purchase of.
pa~ssenger ‘cars or of airplanes designed for
-.passenger transportation unless authority to
~,. do so is explicitly stated by the language of.
’‘thIsAct. .. Moreover, none of then moneys appro-
priated in this Act may be expended for the
.’,!!, maintenance or operation of any State-owned
.‘. passenger car or airplane designed for passen-
.~_ ger transportation unless the authority to do
and the Ilumber of oassen”er cars or air-.
ii&es to be maintained and boperated are ax&
plicitly stated by the language of this Act.
Where the language of this Act explicitly
authorized the maintenance and operation of a
specified number of State-owned passenger cars
- -
~~$$on. Homer Garrison, Jr., page 2 (s-69)
by an agency of the State, such agency shall
file with the Comptroller by Sept. 15, t-53 a
list identifying the passenger cars to
maintained and operated’ and none of the funds
appropriated by this Act shall be available to
such agency for expenditure unless and until
such list has been filed. The list also shall
be amended and corrected by such agency from
time to time as the identity of passenger .cars
being maintained and operated within the pre-
scribed limitation changes during the biennium.
“b. Only the following passenger-carrying
vehicles are exempt from the restrictions on
purchase maintenance and operation specified in
this set 4 ion: panel, pick-up and delivery trucks
and trucks required for the conveyance of special
equipment; motorcycle delivery units; dual-con-
trol automobile,s used exclusively for driver trv&-
Lng; passenger cars equipped with two-way radios,
motorcycles, jeeps,~ and boats needed, and used
for fire prevention, fire-fighting and other ac-
)> tivities for safeguarding public safety, public. .;, .~:;-:
property, or for criminal law enforcement. ambu-
: lances or other passenger vehicles specially
. eq~p~ed%+nd regularly.‘used for ambulance. serv- ~,, ~~
; ices; bus~e,s’.and station-wagons regularly used UT.: i
~for~,the mass transportation ~of numbers of ‘people ,:’ .i’
and’essenti&’ ‘to the ,efficient management
.~ .’ -oft the :+‘:
operating agency of ‘then State.
“Ct. In those Instances -whe’re the language
of this .Act,..~expllcit,ly authorizes .the purchase
of passenger.. cars none of the appropriated funds
so authorized sha i lube .expended for the purchase
of a passenger ‘car’ having a wheel base in .ex$,ess
of 117 ‘inches; provided however, that ‘if ~passen-
germscars of longer, wheel base ‘, are offered at’Xower
prices, the Board of Control may purchase .same.:”
T’en s$sedifl& line’ item ap ro&iations to’Vyour ae-
partment ti&er ‘Chapter, 81 (# 72 71: ~128 130 155 '~157 185
187, 203 and 205) contain language ~a?Wior~zing’eith& p&has:
or maintenance‘ and .operation of specified number,s of passenger
cars, trucks, ,motorcydlesj~ airplanes; ,and one boat-by your va-
rious divisions.
Tour letter st.ates:~
” .
Hon. Homer Garrison, Jr., page 3 (~-69) $265
“It is our opinion that none of the provi-
sions of Sec. 9a are applicable to the De-
partmentof Public Safety because of the
exceptions indicated In Sec. 9b; and further,
that the only limitations on purchase, opera-
tion, or maintenance of vehicles of the De-
partment are the amounts appropriated for the
purpose.
“The Comptroller Is of the opinion that the
line items govern and that no vehicles in ex-
cess of those indicated can be purchased,
maintained or operated.
.“In view of these conflicting opinions your
opinion is respectfully requested of the fol-
lowing :
“1. Do the restrictions on purchase,
maintenance and operation of passenger-
carrying vehicles which appear in Sec.
9a of Art. VI of House Bill 111, Acts
of the 53rd Legislature apply to the
Texas Department of Pub&c Safety.
"2. May the funds appropriated for such
purposes by House Bill 111 be used by
the Department of Public Safety for the
purchase, maintenance and operation of
vehicles in excess of the quantities
listed in the line Items of the appropri-
ation bill?11
In our opinion the provisions of Section 9a (and
9c) as a matter of law definitely do apply to the Texas
Department of Public Safety. By the clear terms of this
general rider the limitations of Section 9 apply to &~%on-
eys appropriated in this Act” for the purchase, maintenance
and operation of passenger cars and airplanes designed for
passenger transportation. The only passenger cars and alr-
Planes to which the limitations of Section 9 do not apply
are those which are specially exempted by Section 9b.
Your first question appears to be based on the prem-
ise that all vehicles used by your department are within the
exempted classes as a matter of law. We cannot accept this
Premise. Whether a given passenger car is “equipped” with a
two-way radio and whether any given vehicle is %eededl* and
-Hon. Homer Garrison, Jr.; page 4 (s-69)
fJsGb
"used" for any of the specified purposes are fact questions.
We are required to interpret exemptive language strictly.
Consequently, in our opinion Section 9b contemplates that
the particular vehicles must be needed.and used directlv in
carrying out an exempt function. This view precludes a
holding that because the principal responsibilities of your
department relate to safeguarding public safety,and public
property and to criminal law enforcement, every vehicle pur-
chased, maintained or operated by you Is exempt as a matter
of law.
In response to~your second question it is the
-opinion of this office that the ,funds appropr i ated in the ten
items mentioned above may be used for the purchase, malnten-
ante and operation of vehicles in excess of the quantities
specified in those Items. We reach this conclusion on the
basis of the Legislature's directive in Section 9b that cer-
tain exempt vehicles are not subject to the "restrictions on
purchase, maintenance and operation soecified fin this section."
You are aware, of;coursej that an express specification of
quantity~.is one of the primary "restrictions . . . specified
in this sectiontl, and that except for.the restrictions lm-
posed in Section 9 neither anexpress specification of quan-
‘r tity nor an explic I t statement of authority.to purchase,
maintain or operate is a prerequisite to the validity of the
appropriations for these Att'y,Gen. Op. Nos. V-
1296 (1951),v-1097 (1950?3$;3 (1944),,
O-2669 (1940).
These considerations compel the conclusion that it
was the intention of the 53ra Legislature that vehicles of
the exempt classes should.not be subject, to theespecial llmi-
tations imposed by Section 9. Consequently, having this view
about the general Intention of the authors of the ten speci-
fic line Items inquired about, it is our opinionthat, with-
in the limits of the ,funds appropriated,' you may purchase,
maintain and operate an unlimited number of~exempt vehicles
in addition to the specifiednumber, of vehicles stated,ther~e-
in.
The relatively large, quantities of vehicles speci-
fied in the ten appropriation items ~to.your department would
seem to indicate that the Legislature's speclfication~of,quan-
tities in your case may have been intended to comprehend both
exempt and non-exempt vehicles. Undoubtedly, the Corn troller's
opinion is so reasoned. Without considering Chapter E1 as a
whole we would be inclined to ~agree. But a comparison of ap-
propriations for these purpos~es made by Chapter 81 to other
Hon. Homer Garrison, Jr., page 5 G-69) 26”
executive agencies * especially those to the Prison System
and the Game and F&.h Commission, convinces us that the
53ra Legislature was aware of the effect of,Article VI, Sec-
tion 9b of this Act and uniformly specified only non-exempt
vehicles.
Moreover, we are persuaded that our construction
of the appropriations here involved is more in keeping with
the apparent purpose of Section 9b to continue to permit
maximumflexibility in the use of funds appropriated for ex-
empted functions while closely limiting the use of funds
appropriated for purchase, maintenance and operation of pass-
enger vehicles to be used by state agencies for non-exempt
fmctions.
SUMMARY
The restrictions imposed by Section 9 of Arti-
cle VI of the general ap ropriation act for the
next biennium, (Chapter 8 1, Acts of the 53rd Legis-
~lature) apply to purchases, maintenance and opera-
tion of passenger cars and airplanes by the Depart-
ment.of Public Safety which are not exempt as a
matter of fact by the terms of Section 9c. The quan-
tities of automobiles specified in the appropria-
tions to the Department refer to non-exempt vehicles
only and do not constitute limitations on the pur-
chase, maintenance and operation of exempt vehicles
with appropriated funds.
APPROVED: Yours very truly,
C. K. Richards JOHNBEN SHEPPERD
Appellate Division Attorney General
Willis E.: Gresham
Reviewer
Burnell Waldrep
Executive Assistant
B51ii*RS Assistant
John Ben Shepperd
Attorney General
* Acts, 53rd Leg., Ch; 81, p. 127, p. 207 - item 11 (Game
and Fish Commission), p. 210-item 22 (Governor's Office), p*
222 (Highway Dept.) p. 267-item 167 (Prison System), and PO
28%286-items 50, 5i, 57, 58, 130, 131 (Railroad Comm.).
PR:wb
Untitled Texas Attorney General Opinion
Combined Opinion