OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
--=-
Eonorrblo Bamom Oil.8
Comclrsioner, Geaeral Land Ofiiao
Awtln, Tmxar
Dear Mr. aUes1
pinion upon the
sire to we In
opolal fund aooru-
Ootad in 1931 orrem SOT
ed along the hth bee.ee
east aide of tb Paahandlo
the rest 8ldO or tlm sttste
were adjudged to b looated
finaldecree of the Supreme
SO Stntcr eatered Marah lT, 1930, In
tat0 of oklahom8 1. The state of
The Aot sete Sorth ooaditionr and re letions
whioh rhall govern the #ale of suoh land, and Tn Seotlon
2 provides es r0il0mt
-The of the dsaeral
Coxmni,rs:oner Land
Offloo, t& Attornr7
Ceaeral, and the uovsrnor
are herrby designated and ooastituted a Spcola i
Lax16 Board to aaoorhin the p emOn# lltitled
to pumAare said la&Ire Said Board 18 htreb-
authorized to employ a6 many a8 three Qerron8,
Hon. Besoom Oiler - Pa&r 2
ii deemed neo er eer toyl88lstin asoertaln-
fag the boas iid8 o i almntr of 8aId land8 a8
8hown by the pub110 reoordr aad under the 1~8
or the State or Oklahom, and to make ruoh
8urve78 and l.ave8tlgatIon8 88 m87 b8 n80088ar7
to earn out the provl8Ions of thlr Aot, and
laid Board 18 hereby luthorlsed to adopt luoh
rulon re,platlonr aad form8 a8 it may deem
erped Ient.’
Seotlon 5, in part, provide8 a
*Any olaImaat to any portion of raid land8
who would havo had title to 8~ had It been
looated la Oklahoma, may make applioatloa to the
ConmLsIoner of the Oeaeral Land Offloe to pur-
ohase the land claimed. Suoh applloatlon 8ball *
be aooom?enIed by field note8 of the treat claimed,
together with a fIli* fee of One ( 1.00) Dollar,
6a examlar3tlon fee of Fifteen (.15$ 3 Cent8 per
aore, and with suoh other Iafonmtloa a8 the Land
Board may require to be given, Inoludlag oer-tlfled
ooplea of all munlmeat8 of title under the laws
of Oklahoma.w
Seotloa 6 provides,
‘The exmiaatIoa fees provided for Ia SeotIon
3 of thlr Aot shall be deposited In a apeolel fund
to the oredIt.of the Land Board oreeted in Saotlon
2 of thlr Aot, and 8eIa ftmd~ shall be wed to
derrajr the expense8 lnoident to the enforcement
of thlr Aot. ThIr had rhall be dlrbursed by the
Board with vouohera drawn on th8 State Treasurer
aad rlgaed by the Oovernor and oouaterslgaed by
the Land Commll~loa8r. Aay 81~8 remaining la
auoh fund after all lxpea8es shave been pald rhall
be tramferred to the Pmmanent Sohool Fuad.
The amount of mon8y aoorulng to the State of Texas
for the rale of the land a8 provided for In Seotlon
3 hereof ehall be plaoed to the credit of the
Pemanent Sohool Fund.”
The method you desire ‘to apply in the hendlIag
of the exminatloa fez8 provided for Ia Seotlon 3 18
8tated in your letter a8 follows:
“. . .lt Is our desire to plaoe oaoh
..“&a. “PO”“rn tiLLem - r3pe 3
spplIoaat~8 remlttanoe of exsmlnatlon recs
to this OfriO to the oredlt Of th8 8ttOr7ie
ati appolnt~d b7 tha Spealal Lama Board, w r th
tha Stata Treasurer, la a 8u#pm#@ l#OOPnt
known as a ~Speolal Iand Board 8USpen8O Aocouat *.
Tbn upon I flat31 doterminatIoa or the amount
duolaoh attorney for th0 8erVloe8 p%rfOrnml
we would dlrrot tho State Treasurer, by a
rouohor duly #I&aed by the Gatornor end oounter-
Sig~iOb b7 the Land COI&S~~OYBT, to pay the r%-
apeotlvr sunw due oaoh attomoy, 0ttdlllmvrlse
4ny othor 8ooottnt8 dw agalmt Said ruad.”
Tha I.e ialature ha8 not, within the last two
pears, 8peol?loa k ly approprlatsd the epeolal fund or%at%d
by suOh erambatlon fees to the purpo8es for wh1Oh they
em authoxlzed to b% used by iWSol% S330a.
TIKI question presented 18 wh%th%r or not th%
imthod proposed for &:sbur#In~ the fund In questlcm IS
in vlolatlon or Artlole 8, Sootion 6 of th8 Texea Con-
StitUtiOa, whloh provide8 thatt
"No money shall be drmn from the Treasury
but la pursuanoe of spaoifio approprIntlons made
by law! nor shell any appropriation of to:e;f bs
made for s loqq- term than tm years, "
The QIWiOUS opIaIoas of thIk~~d%partment ar%
umnlmous In holding that speoial funds, 8ubstantially
Slmiler in nature to the fund provided for by Artial%
8330a, are rubjeot to the rOViSiOa8 Of Artiola 8,
Seotloa 6 of the Comatltut s on, for the reason that SUOh
fnw.ls ooxmtltut% Wmey drawn from the Treasury* within
the msning of the oon8tItutIonel provlsIoa, and that
suah fund8 oau only be disbursed by speoifio appropriation
sffeotlve for a tern no lone.or than tvm yeara.
In Opinion No. o-700 of thI8 department, ad-
dressed to Bonorsblr 2. H. Thornton, Jr., Chair-; Can-
mittes on Appropriations, House of ~epresentatlves, dated
May 5, 1939, this ruestlon was exhsustlvely rOVI%'2:ed with
respeot to a greet nwnbe.- of spuoial funds ox-sated b
t&e b&iSl.3tUT%, zany Of whioh SwdS am substantial 17
rlnilar to the Bxemlaetloa Fee Fuad rovlded la Artlal%
S330a. It was there held that B #pee s ii0 appropriation
was neoO8sar for suoh Sp%OIal fWd8 before they 00ula
lo&ally b% d I %bWS%d.
. 42
Hon. Besoom Ollea - Page 4
In OpI.aIonNo, O-320 0s this department, dated
May 4, 1939, addrrssed to Honorable Jo% KunsohIk, oom-
mI8sIon%r of Labor, It wa8 deoldod that a epeolal fund
d%8i~aat%d by the Legislature as the State BoIl%r In-
sp%otIon yuzkd oould not be disbursed without a speolflo
appropriation and that ruoh appropriation oould not be
lffeotlve for mare than two years ln the future.
The 8-e holding was mad% in Opinion ~0.0-1176,
apprOV%d Auguet 23, 1939, addressed to Honorable Walter
C. Woodwsrd, Chelrman, Board of Insuraaoe Comm.l88Ioaer%,
with reepeot to %xemlnetIon tses ooorulng fran Insuranae
oompanles whloh had been examined by the Board of tisur-
aaoe ConunIsoIonera.
A oopy 0s Oplnloa NO. O-320 referred to above
18 herewith enoloaed. Copies of tha other opinions
referred to will be mede avalleble to you, should you
dealrs them. A repetition of the argument and oltatlon
of authorities Inoludsd In those oplnlons will not be
made here. fn vlew of those opinions, whloh m believe
to be oorroot, we muat advlse you that the examlnstlon
fee fund in question is State m:ney wlthln the meaning
of Article 8, Section 6 of the Constitution, end es there
has been no apeolflo apgropriatlon of suoh fund within
the last two years, Its dlsburaezent In the manner you
outline would be Illegal.
In Conferenos Opinion No. 3048, eddre.saed to
Honorable Tom C. King, State Auditor, It was, in etfeot,
held that Artlolo 43e8, as amended by Chapter 242 of the
Aots of the 4206 Legislature, does not euthorlze the
pleolug In e suspense fund ln t&e State Treasury fees
suoh a8 the eramlnstlon fees In question, the 8tatus Of
suoh fees not being undetermined, and no dispute or protest
having been made by the pertles who paid suoh fees. A
oopy of Opinion No, 3048 Is elao enclosed herewith.
For the reasons stated, you are advised thst
the method proposed In your letter for the handling Of
Hon. Bacoom Oiler - Peee 5
the feea in qucrtlon doe8 not oora~ly with the law.
Your8 very truly
ATTORNEYWIXRAL OF TEXAS
Robert E