Untitled Texas Attorney General Opinion

Ron. Robert S. Calve& Comptrollerof Public Accounts Austin, Texas Opinion HO. V-1255 Re: Legality of expend- ing moneys to admln- lster the Act creatlng the Board of Vocation- Rear Sir: al Rurse Examiners. Your request for an opinion reads as,follows: "Sec. 13 of H. B. Ho. 47, Shapter 118, of the Regular Session of the 52nd Legisla~ ture, reads as follows: "'Sec. 13. Upon and after the effective date of this Act, all moneys derived from fees, asaessments,or charges under this Act, shall be paid by the Comtulssion into the State Treasury for safe-keeping,and shall by the State Treasurer be placed in a sep- arate fund to be available for the use of the Comnlsslon In the admlnistratlonof the Act upon requisitionof the Commission. All such moneys so paid Into the State Treasury are hereby specificallyappropri- ated to the Commission for the purpose of paging the salaries and expenses of all persons employee or appointed as provided herein for the administrationof this Act, and all other expenses necessary and proper for the admlnistratlonof this Act lnclud- ing equipment and maintenance of any sup- :plies for such offices or quarters as the Commissionmay occupy, and necessary travel- ing expenses for the Commlssion or persons authorized to act for it when performing duties hereunder at the request of the commission. At the end of the calendar year, any unused portion of said funas in said special account shall be set over and paid Ron. Robert S. Calvert, page 2 (V-1255) into the General Revenue Fund. The Com- ptroller shall, upon requisition of the Ccmmisslon,from time to time draw warrants upon the State Treasurer for the amount specified in such requisition, not exceeding however, the amount In such fund at the time of making any requl- sitlon; provided. however. that all moneys exoended in the administrationof~this Act shall be snecified and determinedby itemized aonrooriationin the General departmentalAppropriationBill.' (Under- scoring supplied.) "This House Bill Ho. 47 was not presented to this departmentand certified as required under Sec. 49-a of Article III of the Constltutian. "I call your attention specifical?.y underscoreapr~vislon of Sec. 13, ?!bls department Is setting up its appropriationledgers and before setting up this appropriationfor the use of the Board we desire your opinion as to whether the fees, assessments,etc., under this Act are appropriatedand available to the Board from and after the effective date of the Act. "This Is a new law and this department has made no departmentalruling that would cover the above question. We are doubtful that the monies are available to the Board under the restricted language above quoted. However, It is argued that the language 'specifiedand determinedby itemized ap- ; priation in the General DepartmentalBills j applies to future General Departmental : Bills and not to the present ensuing Depart- mental Bill. This Act Is a ninety day bill Hon. Robert S. Calvert, page 3 (V-1255) and does not become effective until September 7th, one week after the effective date of the DepartmentalBill for next biennium. "We respectfullydesire your opinion and answer to the above question." House Bill 47, Acts 52nd Deg., 1951, ch. 118, p. 197, referred to In your request, creates a Board of Vocational Rurse Examiners to adminlster the provisions of the act. The purpose of House Bill' 47 Is to regulate the practice of vocationalnursing. The Board is given the power to employ necessary personnel to carry out the provisions therein. \ Section 13 of House Bill 47, quoted In your request, makes an appropriationof all moneys derived from fees, assessments,or charges under House.Bill 47 for the purpose of "paying the salar- ies and expenses of all persons employed or appolnt- ed as provided herein for the administrationof this Act, and all other expenses necessary and proper for the administrationof this Act, Includingequipment and maintenance of any supplies for such offices or quarters as the Commissionmay occupy, and necessary traveling expenses for the Commission or persons authorized to act for it when performingduties here- under at the request of the Commission. While Section 13 of House Bill 47 con- tains the proviso, that "all moneys expended in the administrationof this Act shall be specifiedand determinedby itemized approprlailonin the General DepartmentalAppropriationBill, the general appro- priation bill does not itemize the appropriations to be expended by the Board of Vocational Rurse Rx- &miners. Therefore, if effect is given to the above- quoted proviso, it will be impossible for the pro- visions of House Bill 47 to be administeredby the Board, since there would be no money available for expenditure. In Dolan v. Walker, 121 Tex. 361, 49 S.W. 26 695, 697 (19321, it was stateUS Hon. Robert S. Calvert, page 4 (w-1255) The rule is also well estab- lished Chat-the courts cannot adopt'the construction of a section of a statute, no matter how plainly required by its lan- @age standing alone, which would defeat the Intention of the Legislatureas re- flected in the whole statute: Moo&an v. Terrell, 109 Tex. 173, 202 S.W. 727." It was also held in Wood v. State, 133 Tex. 110, 126 S.W.26 4, 7 (1939): "It is the settled law that statutes should be construed so as to carry out the lenlslative Intent. and when such Intent Is once ascertained,It should be given '. effect, even though the literal meaning of the words used therein Is not followed.' .SinceIt was clearly the intenti6n of the Legislature to regulate the practice of vocational nursing, it Is our opinion that the approprlatlon- contained in Section 13 will be available for ex- penQlture upon the effective dete of Rouse Bill 47, and for a period of two years thereafter,for the purposes stated therein. An appropriationof money from the Treasury may not be made for a'longer period than two years. Tex. Con&. Art. VIII, Set; 6. In order for these fees to be available for ex- penditure thereafter, It will be necessary for the' same to be reappropriatedby the Legislature. In connectionwith your question regarding the necessity of the Comptroller'scertifyingthe appropriation,it is our opinion that the appropriation contained In House Bill 47 Is not the type of approprl- tlon for which a certificateIs required under Section 49a of Article III, since the bill only appropriates the Sees to be collected. Att'y Gen. Op. O-6626 (1945). -- ~~ SUMMARY Failure of the Legislatureto make an ltemiaed appropriationIn the general appropriationbill for expendituresof the Board in accordancewith the proviso in Seotjion13 of House Bill 47 does not affect the availability of the appropriation / made Hon. Robert S. Calvert, page 5 (V-1253) by the general statute itself for the first two years in which the Act is operative. Otherwise,the Intention of the Legislatureto regulate the practice of vocationalnursing would be defeated. The appropriationcontainedin Section 13 of H.B. 47, Acts 52nd Leg., 1951, oh. 118;~. 197, will be avail- able to the Board of Vocational Rurse Examiners on September 7, 1951, (effec- tive date of H.B. 47), for expenditure for the purposeX?if-administering the Act. APPROVED: Yours very truly, J. C. Davis, Jr. PRICE DARIEL County Affairs Mvlslon Attorney General Everett Hutchlnson Executive Assistant BY Price Daniel PLJohn Reeves Attorney General Assistant JR:em:gs