OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AU8TlN
Honorable Bascom Glles, Commissioner
General Land Cffiar an&
Chairman Board ror Lease or Texas Prison
Austin, Texas
Dear Sir:
By your letter , 1939, YOU re-
qtmt the 0pinion or thi n the question
or whether the axpenses board ror the
lease or Texas Prison la sing the lands
ror lease, may ba b Zexas Prieon
, you state that after
rd ror the lease or Tex-
29, Fourth Called Session,
no other appropriation has
ns& of this board, and that
as bean mada for the manses of advertis-
ing for laase and leasing the Texas Prison lands:
-- ..-.. - .--- y_-__--I .-.- . Ys.-“-.. a.“.^“.*“.--- .II--m”-UI . . . . . . ..“.“i.“m.L ea me” .“,mT.blv
Honorable Bascom Gllea, paga 2
By the J+2ndLegielature, an emergency approprla-
tion was medr to extend to August 51, .3931, to the board
iOr the lease of prison lands *to pay ror advertising for
bids and for contingent expense . . . $500.*
In the appropriation luldo by the same Legislature
to the Texar Prison system, in the departmental appropria-
tion bill, there appaarr thr item *for advertising for bids
and aontingent expenses dt loaslng board . . .)SOO.OW.
(General Laws, k2nd Legislature, page 7&S.)
In the dopartmantal appropriation bill par#ad by
ths 44th Legirlatur, there appear8 the item in the appropria-
tion tar the Texas Prison #p&em, wadrortfrlng for bid8 --
page l12i.
lea&w j l
,‘5oo’ *On* (General Laws, 44th Legislature,
In the departmental appropriation bill passed by
the l,5th Legislature, in the appropriations to the Texas
Prison system, there appear8 the item “advertising for
bid8 --leasing . . .$500.00n.
It thus appears that It has boon the legislative
praotice to inoorporats an appropriation available for the
expenditures involved in advertising and leasing Texas Prison
land8 by lnaertlng an item in the departmental appropriation
bill, under the maintenance and mlacellanrous expense8 of
the Texas Prison system.
An examination of the departmental appropriation
bill passed by ths &6th Legislature reveals that the 46th
Legislature continued the praotiae. Under thr heading
“Maintenance and Miscellaneour * In the appropriation nmda
to the Texas Prison system in Senate Bill 127, Aots of the
f+6th Legislature, Regular Session, there appears the fol-
lowing item:
“Adverti sing for bids -- leasing * * * &25.00*
(See Itrm 14, under tha heading "MlintemnCO
and M.lscellaneow ,(I page 113, Senate Journal
Supplement or June 13, 1939, aontaining the
report or the conference oommittre on thr dr-
partmental appropriation bill. )
Honorable Basoom Glles, page 3
You are therefore advised that the expenses or
advertising and leasing Taxas Prison lands are to be paid
exclusively frc~ the Item appropriated iOr suoh purposes
by the I&h Legislature, and appearing in the appropriation
made to the Texas Prison system. This item may not be sup-
;l;T;tted from the appropriation made to the Gene+ Land
.
Trusting that thm firegoing 6atlsfaotorily annwars
your inquiry, = are,
Yours very truly
ATTORNEY
GENERALOF TEXAS
Richards W. Fairchild
Assistant
RWF:LW
APPROVEDDEC 4, 1939
GERALDC.MANN
AT’IDRNEY GENERAL OF TEXAS
APRROVEO
OPINION
c0?&¶1TTEB
BY B. W. B.
CHAIRMAN