Untitled Texas Attorney General Opinion

August 31, 1951 Hon. J. ‘N, Edgar Opinion No, V-1270 Commissioner of Education Texas Education Agency Re: Legality of expending Austin, Texas funds appropriated to the State Board of Education, the State Bdara for Vocational Education, and the State Department of Education to purchase business machines for use by all three of these components of the Central Education Dear Sir: Agency 0 Your request for an opinion relates to the authority of the State Board of Education to approve the purchase of business machines from funds appro- priated by the General Appropriation Bill to be used by the State Board of Education, the State Board for Vocational Education, and the State Department of Education for the biennium ending August 31, 1951. You have stated that the Legislative Audit Committee approved the operating budget for the Texas Educa- tion Agency for the fiscal year 1950-51 specifying the amount budgeted to regular salaries and the amount budgeted to other operating expenses, author- izing the transfer of unexpended balances in the regular salaries budget to the other operating ex- penses budget 0 House Bill 322, Acts 51st Leg., R.S. 1949, ch. 615, p.1208, at p0 1237, provides in part: “Subject to the limitations appearing at the end of this Act there is hereby ap- propriated for each of the fiscal years of the biennium ending August 31p 1951, the sum of Thirty-five thousand Dollars ($35, 000) to the State Board of Eaucation, the sum of Fifty Thousand Dollars (#50,000) to the State Board of Vocational Education, Bon. J. W. Edgar, page 2 (V-1270 1 and the sum of Four Hundred and Ninety c Thousand Dollars ($490,000) to the State Department of Educatian from the Foundation School Fund, created by Senate Bill 117, Acts of the Regular Session, 51st Legislature, 1949, ana the sum of ‘Seventy-five Thous,and Dol- lars ($75,000) to the Textbook Divi- sion of the State Department of Edu- cation from the State Textbook Fund for salaries, per diem of Board MemA bers, office supplies and equipment, traveling expenses, and other neoes- sary expenses D “The expenditure of the above appro- priations shall be subject to the approv- al of the Legislative Audit Committee, and none of the funds herein provided shall be spent until such approval shall have been obtained.” We understand that no question is raised concerning approval of the expenditure by the leg- islative Audit Committee, it having been represent- ed that such approval has been made in this in- stance. Article 2654-1, V. C. S,, provides in part: “Section 1, There is hereby estab- lished a Central Education Agency com- posed of the State Board of Education, the State Board for Vocational Education, the State Commissioner of Education, and the State Department of Education. It shall oarry Put such educational functions as may be assigned to it by the Legisla- ture, a 0 Qn Article 2654-3, V.C,S,, provides in part: “Section 1, The State Board of Edu- cation is hereby declared to be the policy’ forming and planning body for the Public School System of the State. It shall also be the State Board for Vocational Educa- tion, and as such, said Board shall have all the powers and duties conferred upon it by the various existing statutes now in Hon. J. W. Edgar, page 3 (V-1270) effect relating to the State Board for Vocational Education. “Sec. 2. It shall have the duties and powers prescribed in the statute for the State Board of Education and the State Board of Vocational Education. . it shall have the specific responsi- hiity for adopting policies enacting regulations and establishing’general rules for carrying out the duties placed upon it or upon the Central Education Agency by the Legislature. The State Commissioner of Education shall be the executive officer through whom the State Board of Education and the State Board of Vocational Education shall carry out its policies and enforce its rules and regulations. 0 0 0n As shown by the above statutes, the agencies enumerated in the appropriation are component parts of the Central Education Agency, and we think it is necessary that they function as a unit in order to carry out the legislative mandate clearly expressed in the statutes. Cooperation between the divisions is necessary in order that the appropriation may be expended in a manner to effectuate the legislative intent 0 Att’y Gen. Op. 0-4674 (1942). It is to be noted that specific authoriza- tion is contained in the foregoing appropriation for the purchase of office supplies and equipment, ana it is our opinion that the term “office supplies and equipment” is sufficiently broad in scope to cover the purchase of business machines which are to be utilized in the offices of the State Board of Eauoa- tion, State Board for Vocational Education, and. the State Department of Education. The provision relat- ing to the pruchase of these machines, being plain and unambiguous and not susceptible of oonstruction, in our opinion, authorizes the purchase of business machines as outlined in your opinion request. SUMMARY Sufficient authority is contained in House Bill 322, Acts 51st Leg., R.S. 1949, ch. 615 p. 1208 (General Appro- priation Bi.113, as it relates tr Hon. J. W. Edgar, page 4 (V-1270) the State.Boara of Education, State Board for Vocational Education, and the State Qepartment of Education, for the purchase of business machines for use by such boards and department. APPROVED: Yours very truly, J. C. Davis, Jr. PRICE DAMIEL County Affairs Division Attorney General Jesse P. Luton, Jr. Reviewing Assistant Everett Hutchinson Acting First Assistant BW:awo