April, 10, 1950
Hon. John Ben Shepperd Opinion No. V-1043,.
Secretary of State
Austin, Texas Re: The validity of S.B. No. 35,
Acts 51s.t Legislature, 1st
Called Session, 1950, making
an appropriation from the Se-
curities Act Fund to defray
expenses of publishing the laws
Dear Mr. Shepperd: of said called session,
Yourequest the opinion of this office as to the validity
of Senate Bill No. 35 passed by the First Called Session of the Slet
Legislature, which is as follows:
“AN ACT making an emergency appropriation
for the use of the Secretary of State for the purpose of
publishing the Current Laws; and declaring an emor-
gency.
“BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF TEXAS:
“Section 1. There is hereby appropriated for
the use of the Secretary of State, out of any funds in
the Securities Act Fund not heretofore otherwise ap-
propriated, the sum of Two Thousand ($2,000.00) Dol-
lars to be expended for the purpose of compiling, ed-
iting, indexing, and distributing the Current Laws en-
acted by the 51st Legislature,
“Sec. 2. The fact that the appropriation6 hereto-
fore made to the Secretary of State for the purposes
named in Section 1 of this Act are inadequate, creates
an emergency and an imperative public necessity that
the Constitutional Rule requiring bills to be read on
three several days in each House be suspended; and
the same is hereby suspended, and this Act shall take
effect and be in full force and effect from and after its
passage, and it is 60 enacted,”
Under the authority of Gulf Insurance Co. v. James,
143 Tex. 424, 185 S,W.Zd 966 (1945). we hold that this Act is valid
and the appropriated funds may be used for the purpose specified
Hon. John Ben Shepperd, Page 2 (v-1043)
in the Act. The Court said:
“We agree with the holding of the Court of Civil
Appeals that the Legislature has the right to transfer
the balance on hand in these special funds to the Gen-
eral Revenue Fund. In so doing the Legislature does
not violate the provisions of Article VIII, Section 7, of
the Constitution, Vernon’s Ann. St., which provides that,
‘The Legislature shall not have power to borrow, or in
any manner divert from its purpose, any special fund
that may, or ought to, come into the Treasury; * * *.’
In the case of Brazes River Conservation & Reclama-
tion District v. McGraw, 126 Tex. 506,, 91 S.W.2d 665,
this Court held that the above-quoted constitutionaliri-
hibition applies only to special funds created by the Con-
stitution, and not to special funds created by statute.
The special funds here under consideration were cre-
ated by statute, and not by the Constitution.
u
. . . The State could have required the funds
collected for the purposes indicated to be paid direct-
ly to the General Revenue Fund in the first instance.
Ex Parte Gregory, 20 Tex. App. 210, 219, 54 Am. Rep.
516; Brown v. City of Galveston, 97 Tex. 1, 17, 75 S.W.
488. Ii it had done so, then certainly the excess, if any,’
would have been available for use for general purposes.
The pfopriety and fairness of an enactment authorizing
the use of the unexpended balances in these special funds
for general purposes present legislative rather than ju-
dicial considerations.”
You are, therefore, advised that it is our opinion that
Senate Bill No. 35 makes a valid appropriation and that the funds
therein appropriated may be used for the purpose specified in the
Act.
SUMMARY
The Legislature may make an appiopriation from
statutory special funds in the same manner and to the
same extent as it may make appropriation from the Gen-
eral Fund. Gulf Insurance Co. v. James, 143 Tex. 424,
185 S.W.Zd Qbb (1945) . .
Very truly yours,
APPROVED: PRICE DANIEL
Attorney General
W. V. Geppert
Taxation Division
Charles
Executive
D. Mathews
Assistant
Bysi$3ii- Asiistant
LPL/mwb