The Attorney General of Texas
December 28, 1979
MARK WHITE
Attorney General
Mr. Evans N. Wents Opinion No. NW-12 0
Executive Director
State Commission for the Blind Re: Whether the Blind
P. 0. Box 12866 Commission may maintain certain
Austin, Texas 78’711 fun& outside the state treasury.
Dear Mr. Wentx:
You inquire about the following rider to your appropriation which is
included in the current appropriations act:
Funds accruing to the Commission for the Blind from
the operation of food vending facilities shall be
deposited to the State Treasury and such funds are
hereby appropriated
General Appropriations Act, Acts 1979, 66th Leg., ch. 843, art. IL You ask
whether you must comply with this provision. The funds at issue derive from
food vending machines operated by blind people on federal property.
Federal law provides authorization for this program and directs the use of
funds set aside from the net proceeds of the operation. 20 U.S.C. SS 107,
107b; 41 C.F.R. SSlOl-20.200 - 101-20.209. The Blind Commission
administers the program for the state. Human Resources Code ch. 94. It is
suggested that the funds are trust funds which cannot be deposited in the
state treasury. See Friedman v. American Surety Co. of New York, 151
S.W.2d 570 (Tex. 1941); Manion v. Lockhart, 114S.W.2d 216 (Tex. 1938).
In our opinion, federal law does not prohibit the deposit of these funds
ln the state treasury. The law earmarks certain funds for particular
purposes but does not establish procedures for handling them. 20 U.S.C.
SS 107l$2), 107d-3(a). See also 45 C.F.R. S1369. The quoted rider
apprcpriates the funds placed in the treasury. They are available to be used
for the purposes specified by federal law, and thus the Commission is
required to deposit them in the State Treasury.
SUMMARY
Funds accruing to the Commission for the Blind from
the operation of food vending facilities shall be
p. 376
Mr. Evans N. Wentz - Page Two (lW-120)
deposited in the state treasury as required by rider to the
appropriation act.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Susan Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
. C. Robert Heath, Chairman
David B. Brooks
Bob Gammage
Susan Garrison
Rick Gilpin
Bruce Youngblood
P- 377