Untitled Texas Attorney General Opinion

.,- .. THEATTORNEYGENERAL OFTEXAS l?ovembar9, 1950 Hon. Robert S. Calvert Comptroller of’public Accounts Austin, Texas opition Blo.v-1117 Rer Validity of a rider reapproprletlouof unexpendedbalances ln~opproprlatiousfor stintsHoapltale and Spehlal School0 and other”lnstltutlousfor the year ending August Dear Sirr 31, 1950. You have requested ailopinion as to vhether the unexpended balances appropriatedby Rouse Bill Rumber 321 of the Regular Session of theFfftg’-firstLegislature can be brought forvard and are ap;proRXatedfdr the use arid benefit of the State Hospltals~andSReclal Schools for the present year of the current biennium. I ; You further ask: “Should you hold by youi’oRlnlonthat the unexpendedbalandes mentlaued lIuSubsec- tion (c) of Section 18 oP'Fk%is~Bill Ifumber 32l’are available and appropriatedfor the use and benefit-of the’State Hospi;talsand Special Schools, then-afe~such balances pay- able from the State IiospltalFund as created by House Bill HuiidMr3 above-mentioned,(Acts 51st Leg., 'ZstC.S. 1950, ch.2, p.10) or are suoh balances paid from the general revere?” House Bill 321,Acts’51st Leg., R.So 1949, ch. 553,pm 1070 (“makingappropriationsfor the support,rnain- tenance and Improvement of the State Hospitals and Special Schools of the State of Texas for the two-year period be- Sinning September 1, 1949 ahd ending August 31, 1951') was approved by the Covernor “with the exception of those items appropriatedtherein for the year audiI@ Auguut 31, 1951 ,a which the Governor vetoed. Subdlvlslon (c) of Section 18, House Bill 321, supra, provided, in part: “’ . Ron. Robert S. Calvert, page 2 (V-1117) "(c) There is hereby appropriatedto the Board any unexpendedbalance In any fund or item appropriatedto any institutionremaln- ing at the end of the fiscal year ending Au- gust 31, 1950. Subject to the approval 19 the LegislrtiveBudget Colmrritteethese unexpended balances'maybe expended for the following pur- poses: e e ." It is our opinion that subdivision (c) above quotea, constitutesan appropriation*for the year end- ing August 31, 1951," within the iwaning of the Governor's veto tiessage,ana w&s therefore;vetoed-by the Govetior.as Well aa,the 0th~ ltems'approprlatedtherein for the year ending August 31, 1951. Therefore;lt is out opinion that the unexpendedbalances remaining at the end of the fiscal year enaiug August 31, 1950;were not appropriatedfor the fiscal year ending August 31, 1951, by subdlvlslon (c) of Section 18 of House RI.11321. Rowever,'HouseBill 321,~~ ;rn;ed,F House Bill 1, Acts slat Leg., 1st C.S. 1950, ch. Subdivision (c) of Section 17 of Rouse Bill 1 pi&&es ,‘ln partn "(c) There Is hereby appropriatedto the Board and/o? Council any unexpendedbalance in any fund or item appropriatedto any instltu- tion remaining at the end of the fiscal year ending August 31, Be e .,." (Emphasis added.) It Is oup opinlou that it waS'the Intention of the Legislatureto appropriateby subdivision (c) of Sec- tion 17, above quotea, the unexpendedbalance remaining at the end of the fiscal year ending August 31, 1950, rather than August 31, 1931, for House Bill 1 is an ap- propriationfor the fiscal year beginningSeptember 1, 1950 and ending August 31, 1951 and for no other period. It is statea in 2 Sutherland,Statutory Con- struction (3rd Ed. 1943) 460-461, citing Chambers v. State, 25 Tex. 307 (1860) that “Courts have permitt Substitution of one word for another . . . wherz’it is obvious that the word used in the act is the result of clerical error, or mistake” and "where the substitution will make the act sensible.“ Also It was held in Wood v. State, 133 Tex. 110, 116, 126 S.W.2d 4, 7 (1939): "It is the settled law that statutes should be construed so as to carry out the Hon. Robert S. Calvert, page 3 (V-1117) legislativeintent, and vhen such intent 1s. once ascertained,it should be.glven effeat, even thou&h the literal mesnina of ,thewords used therein is not followed.” (~baris aadea.) B giving House Bill 1 this donstruotlon,sub- division (c7 of Section 17 is in o&omrit~ with the cap- tion of the Bill which limits the’approprlatlonto ‘the September 1, 1950 a&l ‘endl?gAu- other aonstructlon'wouldrender sub- of Section 17 unconstitutionalas being in. violation of Section 35 of Artlalb RI of the Constitution of Texas, ana the courts will give a statute a constroc- tlon or Interpretationthat wll~~lvltsvalld If It Is reasonably possible to do so. f.mler, 127 T&X. 428, 95 S.w.28 357 (1936 ; and kilo v.*Carter; 212 S.W. 26 950 (Tex.Civ.App.194 , error ref.). Therefore, It is our opinion that the unexpended balance in any fund or item appropriatedto the fiscal year ending August 31, 1950, is appropriatedby the proViSions of Rouse Bill 1 for the use and benefit of the State Hospl- tals ana Special Schools for the present year of the aur- rent biennium and may be expended for the purposes set out in subdivision (c) of Section 17. Since the unexpended balance” is an appropriationout of the general revelkue fund, you are advised that such balances are to be paid from that fund. 5XJWARY The “unexpendedbalanae* In any pn4 or itemappropriated by House Bill 321, ots 51st WC., R.S. 1949, ch.553, p.1070, remaining ate the end of the fiscal year ending August 31, 1950, Is appropriatedby the provisions of House Bill 1, Acts 51st Leg., 1st C.S. 1950, ch. 14, p.55, for the use and benefit of the State Hosplta‘lsand Special Schools and other insti- tutions for the present year of the current biennium and should be,paid from the general fund. APPROVED: Yours very truly, J. C. Davis Sr. PRICE MRIEL county Affalps Division Attorney General Everett Hutchlnson ,~ Executive,Assistant ” Charles D. Hathews First Assistant Assistant JR%w