THEA
TEXAS
August 17, 1951
Hon. Robert S. Calvert Opinion No. V-1241
Comptroller of Public Accounts
Austin, Texas Re: Validity of appropriation
in S.B. 322, Acts 52nd
Leg., R.S., 1951, to make
a contribution or payment
to the National Conference
of Commissioners on Uni-
Dear Sir: form State Laws.
Your request for an opinion relates to the validity of the
appropriation in Senate Bill 322, Acts of the Fifty-second Legis-
lature, Regular Session, 1951, of a s,um not to exceed Eleven
Hundred Twenty-five Dollars ($1125.00) a year to be expended
as a payment or contribution to the National Conference of Com-
missioners on Uniform State Laws.
After quoting the provision making the appropriation in
question, you ask:
“Does the language above quoted make an appro-
priation out of the General Revenue to the Commission
on Uniform State Laws ? n
Senate Bill 322 creates a Commission on Uniform State
Laws, provides for appointment of the Commissioners by the
Governor, provides for the organization of the Commission, pre-
scribes its duties, and makes appropriations to carry out the pur-
poses of the Act.
Section 5 of the Act reads in part:
“There is hereby appropriated out of State funds
not otherwise appropriated a sum sufficient to make
a contribution on behalf of this State to the National
Conference of Commissioners on Uniform State Laws
in t&e sum not to exceed One Thousand, One Hundred
Hon. Robert S. Calvert, Page 2 (V-1241)
Twenty-five ($1,125.00) Dollars per annum. There
is also hereby appropriated out of State funds not
otherwise appropriated a sum sufficient to defray
the cost of printing the Commission’s reports, and
to reimburse members of Commission on Uniform
State Laws for their necessary expenses in per-
forming the duties of their office, provided that these
expenses shall not exceed Two Thousand ($2,000.00)
‘Dollars per annum, and provided further that the
Commissioners shall receive no compensation for
their services as Commissioners. ~ . .I’
We think the appropriation is clearly one to the Texas
Commission on Uniform State Laws created by the Act. Section
4 of the Act requires the Commissioners to “attend the meeting
of the National Conference of Commissioners on Uniform State
Laws” and further provides that each commissioner “both in
and out of such National Conference shall do all in his power to
promote uniformity of state laws, upon all subjects where uni-
formity may be deemed desirable and practicable.”
We are not unmindful of the constitutional restrictions
applicable to appropriation of public money by the Legislature.
Section 44 of Article III states that the Legislature shall not
“grant, by appropriation or otherwise, any amount of money out
of the Treasury of the State, to any individual, on a claim, real
or pretended, when the same shall not have been provided for
by pre-existing law.” Section 6 ,of Article VIII provides that
‘“No money shall be drawn from the Treasury but in pursuance
of specific appropriations made by law; nor shall any appropria-
tion of money be made for a longer term than two years.” See
also Art. III, Sec. 51.
We think it was the intention of the Legislature to hold
the National Conference of Commissioners on Uniform State Laws
in the same light as the Council of State Governments with which
we understand it is affiliated or has a co-operative agreement.
Attorney General’s Opinion O-6395 (1945) held consti-
tutional an appropriation to carry out the provisions of Senate
Bill 187, Acts of the Forty-seventh Legislature, Regular Session,
1941, creating the Texas Commission on Interstate Co-operation.
The Commission was authorized to act with other states co-
.
Hon. Robert S. Calvert, Page 3 (V-1241)
operating in the Council of State Governments. The Council
was declared to be a “joint governmental agency of this State
and of the other States which co-operate with it.” The hold-
ing in that opinion has application to the question you present.
The Texas Commission on Uniform State Laws is similar in
character to the,, Texas Commission on Interstate Co-opera-
tion. Both will act with other states co-operating with the
Council of State Governments.
The Legislature, no doubt, considered that certain
direct public benefits would flow to the State from acting with
other states co-opsrating in the Council of State Governments
and in the National Conference, and we therefore think the ap-
propriation in question is for a public purpose for which the
Act itself is pre-existing law.
We have been favored with an able memorandum brief
on the question presented by the Honorable Ben H. Powell, Chair-
man of the Texas Board of Commissioners to the National Con-
ference of Commissioners on Uniform State Laws, in which it is
pointed out that the first meeting of the National Conference was
held in 1892. In the nearly sixty years of its existence the Confer-
ence has drafted and approved one hundred seven uniform acts.
Texas has adopted some fifteen of these acts.
Moreover, Senate Bill 322 creating a State Commission
on Uniform $tate Laws and carrying the appropriation which is
the subject of your inquiry is one of seven of these uniform acts
adopted by the Fifty-second Legislature. Thus, it is clear that
the Legislature deemed the appropriation to be for a public pur-
pose and that it will produce public benefits. Texas for many
years has participated in the conference through its commis-
sioners, serving by appointment of the Governor, without com-
pensation or reimbursement for necessary expenses. We under-
stand that Texas has not heretofore paid any of the expense of
the Conference. It appears that the Legislature decided that
the State, having benefited from the Conference for years, should
pay part of the expense of the Conference for the next two years.
We think the appropriation in question is authorized
as one for a public purpose. Of course, the appropriation will
not be valid for a longer term than two years.
Hon. Robert S. Galvert, Page 4 (,V-1241)
SUMMARY
The appropriation is S.B. ,322, Acts 52nd Leg.,
R.S., 1951, of an amount not to exceed $1125.00 per
annum for the purpose of making a contribution or
payment to the National Conference of Commissioners
on Uniform State Laws, is an appropriation to the Tex-
as Commission on Uniform State Laws to be expended
for a public purpose and is valid.
Yours very truly,
APPROVED: PRICE DANIEL
Attorney General
Charles D. Mathews
First Assistant
B J&L
Price Daniel Everett Hutchinson
Attorney Genenal Executive Assistant
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