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m%USSTIN.TRXAf3 78711
September 7, 1977
Honorable Eddie Aurispa Opinion No. H-1050
Acting Executive Director
Good Neighbor Commission Re: Effect of a rider to
Box 12116 the Good Neighbor Commission's
Austin, Texas 78711 appropriation.
Dear Mr. Aurispa:
You have requested our opinion regarding the effect of a
rider to the Good Neighbor Commission's appropriation for the
next biennium. The rider states as follows:
As a specific exception to authoriza-
tions concerning federal funds found in
Article V of this Act, no federal funds
allocated under Title III, Section 303
of the Comprehensive Employment and
Training Act, are appropriated for use
by the Good Neighbor Commission. This
restriction and limitation on the use of
appropriated funds extends to both di-
rect allocations from federal agencies
and allocations made by other state
agencies receiving Title III, Section
303 funds, either directly or under
interagency contract.
The appropriations made above do not
include funds for the purpose of carrying
out activities relating to Migrants under
the provisions of Article 4101-2, V.T.C.S.
General Appropriations Act, Acts 1977, 65th Leg., art. III - 72.
You first ask whether the restriction in the first paragraph
of the rider is a limitation upon the use of all federal funds.
We believe it is clear that the restricting language of
the rider applies only to "federal funds allocated under Title
III, Section 303 of the Comprehensive Employment and Training
Act." Any other available federal funds are appropriated to
the Commission under article V, section 20 of the General Ap-
propriations Act.
P. 4321
.
Honorable Eddie Aurispa - Page 2 (H-1050)
You also ask whether the second paragraph of the rider
should be construed as a limitation on funds appropriated to
the Commission. In our opinion, this language means that, in
carrying out its responsibilities under article 4101-2, V.T.C.S.,
the Commission may expend any available funds other than those
specifically appropriated. The Commission is empowered by the
statute
[t]o coordinate the work of federal, State
and local governmental units toward the
improvement of travel and living condi-
tions of migrant laborers in Texas.
Sec. 4i. "In furtherance of this purpose," the Commission is
directed to perform eight specific functions. V.T.C.S. art.
4101-2, § 4i. In order to perform these duties, the Commission
may utilize any available federal funds, with the exception of
those noted, supra, and, pursuant to article 4101-2, it may
accept contributions from private sources
. . . to be used at the discretion of the
Commission in compliance with the wishes
of the donor, provided, however, that such
funds shall not be used to supplement sala-
ries appropriated from General Revenue.
Sec. 4h. In our opinion, therefore, the second paragraph of the
rider means that, in exercising its authority under article
4101-2, the Commission may expend any available funds other than
those specifically appropriated on page III-72 of the General
Appropriations Act. Under the terms of article 4101-2, the
Commission is required to perform specific functions within the
limits of available funds.
SUMMARY
The first paragraph of the rider to the
appropriation for the Good Neighbor Com-
mission prohibits the use only of those
federal funds allocated under Title III,
section 303 of the Comprehensive Employment
and Training Act. The second paragraph
of the rider means that, in exercising its
authority under article 4101-2, V.T.C.S.,
the Commission may expend any available
funds other than those specifically appro-
priated on page III-72 of the General
Appropriations Act.
P. 4322
Honorable Eddie Aurispa - Page 3 (H-1050)
rney General of Texas
APPROVED:
C. ROBERT HBKTH, Chairman
Opinion Committee
jst
P. ,4323