OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
.
Honorable Bert Ford, Admlnirtrator
Texas Liquor Control Board
Austin, Texas
Dear bfr. Ford:
8 the question
opriation for the
2, 48th Legislature
er Article 4351, Te-
vised Civil s iency expenditures
by the Boari
IFund is not sufficient, the remainder of the
above ltemlzad appropriations shall be psid
out of the funds cDlleoted from the sale oi
distill ?d spirits, wins and beer stamps in
the proportions that the to&al revenues received
therefrom bear tsone anothrr. Under no circwstances
shall =ny money be spp:,opriated from any fund for the
ad.ministration of this act except as itemized above.”
Honorable Bert Ford, Administrator page 2
Artlole 4351 is a general law. It is designed
to provide a means wherehy agenoles of the State Govern-
ment whore appropriations may Broome exhausted prior to
a me&tine of the Legislature may bind the State for the
paymnt of the rassonabls expenses neoessary to be lnour-
red by the sgenoy in order that the funotlons devslvsd by
law upon it may be dlsoharged during the period following
exhaustion of its appropriations and until the next meet-
ing of the Legislature. Fstabllshlng as it does suoh a
wholsroma pub110 pollcg, a purpose to suspend, repeal
or amend Artlole 4351 1s ::ot to be presumed, nor should
language which may reasonably ba harmonized with suoh
policy be construed to embody an intent to suspend it in
whole or in part.
x it was the intention of the Legislatureto
deny to the Governor the power durlne the ctwrent blen-
nlum to approve deficiency expendltmes by the Liquor J
Control 3oard, under the provlsloas of Artlolc 4351, apt
language w-t used to express that intant. Derioienoy
allowanoes under Article 4351 are not appropriations,
henoe the first sentenoe of the rider does not arreot
the power granted under that Article. The language ot v
the second sentenoe of the rider prohibits the approprla-
tlon of money Vrom any fund for the adslnistratlon of
this Act . . .” The word’s *this Aotv refer to the Act
in which such words sppesr, to-wit, Senats Bill 332,
ror there 1s no previous reference in the rider to any/
other enactement. The rider, then, does not prohibit
appropriations necessary to admlnistzr the piovlslons
,ot Article 4351 in accordance with its terms.
We oonstrue the last sentence of the rider as
prohibiting the 12~6 of vng i’znd to pay the appropriations
made by Senate Bill 332 to the Texas Liquor Control Boar6
exoept as speolfied in the rirst two sentenass of the rider.
we therefore advise that the rider does not in. any wise ai-1/-
rest the power conferred upon th6 Governor by Article 4351.
Very truly yours
ATTORN3Y GZNZXL OF TU.\S
BY
R. ii'.
Fairchild
Assistant
RbF:MR
APPROV?D DT;18, 1943
CROFT SELLYRS
FI3ST ASSIs’P:Nl’ ATTORIIX GEN??AL
Untitled Texas Attorney General Opinion
Combined Opinion