OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Fred Maurita, Chalman
Cl&as k Ahocouts Committee
The Senate
Austin,Teras
Dear Senator Xaaritz:
Your latter of re nion in aomeotion
with the above subjeoli matt
We request that you
otion nfth the herein-
asstaptions and the qbes-
tea WE8 fonnsd parsaanO to the
at entered into alth Enrl.oao Oer-
contzact ie attaahed.
"1 gm lnfcrmed that $10,000 of the $60,0&W
which NWJ to be raised from outside scureea was
never raised and was not paid to,Gemoahio, bat
that (lerriwmhto gave a receipt in fal1~l.n oidei
to prevept the $85,000 state appropriation fma
lapelng imU that the state appmpriaflon was then
expended.
'%Norable Fred XaurIts - page 8
-1 am also Informed that Cerraaohlo was
arrsured that the remaining money owing to him
would be raised but that this has never bean
done.
wAmumlng the above faots to be correot
doss the Legislature hare authority-to make an
appropriation to pay')Br. Cerraoohio the $10,000
*hioh was to be palU to him but whioh was not
raised or paid ta him fma 'other sonroes?**
You are raspeatfully advised that It Is the.opio-
Ion of this department the Legislature would have no auChc+r-
ity to make an appropriation In payment 0r Mr. Carraaohiota
a1al.m.
Chapter 49, Senate BI.l.l.No. 79, 6f the 58th Leg&-
latare, referred to by you, is as follows,r
*sEaTIol!I 1. There 3.6 hereby appmptiattid
-out the State Txsasn~ ths S&II of twenty-f%ve
thousand dofiari (#SS,OOO.OO) to be used as
prpvidkd hereln'in the sraotlan of a mdnumex&
4~ fhtuv6;g...~~ &a~wn ,~JL:ss~~o~~or sr~n x0~13t0itj
the pat&et, military geriarql, president and
govarnor of tha Rapobllo of Texas and the Stats
.of Texwii.
Wm. 8. That said ,eum OS twenf+fivr~
thousand (#88,090.00) dollars shall ba available
for tha puxyasa of .ereaClng rrald monument only
when as mush as ~IittyChotreand,((S0,00Q.00) dol-
lars shaS1 hare bben.rafsedand expandad from
atier.eoumes.ior said .pmpose, making a total
of not lsss than seventy-five thousand (76,000.
00) dollars to be paid ?or said msnnmsnt.
aThe Qovsrnor Is herabx~authorleed to appoint
a ~oomml6oee of suoh numbers as he shall detamine,
whIoh oommIttse~shal1 have the power to appoint a
sub-sommItke of not less than ilve (S) members-,
whlah aosmittes or uub-ocmulttee shall bate sub-
rittea to It for its approval the design, plan,
speoiff~atlo~, oondraot and loaation oi the Mona-
rent.
Honorable Fred MaurItz *- page 3
*All oontraats shall be between the oon-
traotor on the one hand and the State of Texas
by and through the oommlttee appointed by the
Governor or the sub-ooamIttee thereof, and the
coma&tee In oharge or ralsl-ng funds from other
sources, on the other hand.
“The contra& shall be sIgned by all rnem~~
hers of the oommIttee ror the State or sub-
oonmittee and by the duly aathorlzed persons In ~’
oharge or the aolleoflon of l’uads rmm other
8ouraes.
-It Is requested Ii praotlaable that there .
be Insqrlbed and engraved on the base of the
monument the names of dl the officers and sol-
diers partlalpatlng la the Battle of San JaaInto
and also a brief history of' the oampalgn relat-
ing to the surrender or Santa Anna.
*It is also requested ii practioabla, that
the monument ,$#Joonstruated from mlnerala, stone
or other materIa&e tnxa the State of Texas, and
that the arohlketiture,~ plan sad design, soulptor
and othem employed, Abe natia, ~oiflaens pi the
State.of Texcis:
*The appropdatlon here&n made shall be avall-
able ror two years froa the flat day of September,
A. D. 1929, but shall not be paid out until the
perfoimanoe of said aontraot .and the aooeptanae of.
the monument by both oommlttess; and shall then be
paid out on twoxn aoqount appreved by the said aom-
nittee appointed by the Governor and also on ap-
proval or the aooouut by.the Governor.*
SeatIon c4 of Artiole III of the Conetitation provides:
*The LegIslCtore shall provide by law the
oompensatlon or all orrioers, servants, agents aud
publIa oantraotors, not provided for in this Con.-
stltutlon, but shall not grant extra ooapensatlon
to any offloer, agent, eervant, or publlo oontraat-
ors, after suoh poblle senlae shall have been per-
roaaed or oontraot entered Into, far the perfoxm-
anoe of the sane; aor grant, by sppmpTiatIOn Or
otbernise, any amount of money out of the treasury
of the State, to any-individual, on a alaim, real or
prat,endQd, when the same zhp; tot havs been provided
for by pre-existing law; .
Honikible Fred Maurltx - page 4
There Is -no pre-exletlng law, other than Chapter 49
above gupted, that poo8Ibly oould authorlse the appropriation
to pay the olala of Mr. Cerraoohlo. This Aot not only does
not authorize the appropriation,but on the oontrary, It very
definitelylimits the lIabllItyof the State to the speolflo
sum of ~25,OOQ.OO therein authorized,and whloh, under your
statement,has been fully paid.
Similar rulings have been made In the following In-
stanoes by this department: OpinionsNos. O-226; O-669;
O-1013: O-1203; ConfersnoeOpinion 3012; O-693; o-1750, and
O-2747. See, also!
Austin Watlonal Bai& Y. Sheppard, Comptroller,
71 S. W. (2) 242; CorsIoana Cotton Uills v.
Sheppard, Comptroller,71 8. W. (2) 247;
State v. Parlsteln, 79 S. W. (2) 143; Fort
'WorthOavalry Club Y. Sheppard, Comptroller,
83 S. W. (2) 660; State v. Ragland Clinlo
Hoepl~tal,159 5. W. (2) 105.
Your question, therefore, 1s avered as above
Indloated. ~.:
_ ..A ‘I.,bY'pi
Very truly yburi
ATTOlUiEY OJCHERALOFTEXAS
OS-XR
AFPROVEI) APR 12, 1943
/s/ awald 0. Xann
ATTOFllVlRa~LOFTEXAS
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