,
THE ATFORNEY GENERAL
OF TEXAS
AURTIN. T-e 78711
The Honorable John R. Bigham, Chairman Opinion No. H- 608
Environmental Affairs Committee
House of Representatives Re: State funds which may
Capitol Building be used by the Parks and
Austin, Texas Wildlife Department for the
construction of a headquarters
building at McKinney Falls
State Park.
Dear Representative Bigham:
You have requested our opinion concerning the funds to be used for
the construction of a Parks and Wildlife headquarters building at McKinney
Falls State Park. You ask:
(1) Which state funds may be used b the Parks and
Wildlife Department in constructing its new state
headquarters on a portion of McKinney Falls State
Recreation Park?
(2) Is the erection of such a building a proper
“capital outlay” or other proper use of funds
described in article 4386b-2, V. T. C. S. ?
(3) Is the erection of such a building a proper use
of Texas Parks Fund No. 31?
Your attention is directed to the Parks and Wildlife Department’s
appropriation in the General Appropriations Act for the 1973-75 biennium,
House Bill 139, 63rd Leg., Regular Session, 1973. In a rider attached to
the regular appropriations provisions for the Department, the Act provides
for an appropriation of:
. . . the unexpended balance of appropriations made
to the Parks and Wildlife Department for construction
of a State office building as provided in the General
Appropriations made by the Sixty-Second Legislature
. . . for the same purposes and subject to the same
restrictions for the biennium beginning September 1,
1973.
p. 2693
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The Honorable John R. Bigham - Page 2 (H-608)
The current appropriation therefore appropriates the unexpended balance
of the appropriation made in the previous biennium, for the same purpose
and subject to the same restrictions.
The previous appropriation, found in Senate Bill 11, Acts 62nd Leg.,
Regular Session, 1971, as amended by Senate Bill 7, Acts 62nd Leg., 1st
Called Session, 1971, was likewise in the form of a rider to the Depart-
ment’s regular appropriations for the biennium ending August 31, 1973:
In addition to the funds appropriated hereinabove,
there is hereby appropriated out of such funds as
may be available to the Parks and Wildlife Depart-
ment an amount NTE $8, 000, 000 for construction
of a State office building for the Parks and Wildlife
Department to be located at McKinney Falls State Park
including facilities for wildlife scientific research and
comprehensive park and statewide outdoor recreation
planning. Such amount to cover planning, site develop-
ment, professional services and fees, salaries and
wages, capital outlay including utilities, equipment,
park areas and other improvements related thereto
and all other necessary costs and expenses whether
by contract or direct payments.
The current appropriation is made subject to the same restrictions
as the original appropriation, and the original appropriation was not
limited to any specific funds but was limited to a total amount not to
exceed $E,OOO,OOO. Therefore, the answer to your first question is that
the current appropriation subject to the “amount” limitation of the
original appropriation, would. permit the use of the unexpended balances
remaining at the conclusion of the 1971-73 biennium in such funds as may
have been available to the Parks and Wildlife Department. The current
Appropriation Act rider does not, in our opinion, appropriate additional
money for such purposes. It merely reappropriates funds on hand but
unspent during the previous biennium. See Attorney General Opinions
WW-280 (1957), WW-23 (1957) and V-1117(1950).
In answer to your second question, Attorney General Opinion
M-952 (1971) held that the funds available to the Department under the re-
appropriation may be transferred to the Operating Fund and expended for
the construction of the building in question pursuant to article 4386b-2,
V. T. C. S. -See Attorney General Opinion M-574 (1970).
p. 269’4
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The Honorable John R. Bigham - Page 3 (H-608)
Your third question refers specifically to Texas Parks Fund No.
31. This fund was created by Acts 1971, 62nd Leg., ch. 292, p. 1200
amending article 7.06, V. T. C. S. Tax-&n.
Fifty cents of the tax levied under this Article
on each 1,000 cigarettes shall be credited to a
new special fund known as the Texas Parks Fund
which may be used by the Parks and Wildlife
Department for the ac uisition, plannin
develo ment of state--e-a
parks an historicgiit%d . . .
mphasis
i-E-!-- added).
In Attorney General Opinion H-575 (1975) we said “to the extent
that the operational expenses of the Department are referable and allocable
to the acquisition, planning, or development of state parks and historic
sites, they may be financed from Texas Parks Fund 31. ” Likewise, the
use of Parks Fund 31 is appropriate in the construction of a Parks and
Wildlife Headquartersbuildirg at McKinney Falls State Park, but only to
the extent that the building is related to or will be used in the acquisition,
planning, and development of state parks and historic sites. See Attorney
General Opinion M-952 (1971). What proportion of the buildingisallocable
to those purposes is a question of fact.
SUMMARY
The current appropriation of unexpended balances
to the Parks and Wildlife Department for construction
of a State office building at McKinney Falls State Park
is referable to the previous appropriation therefor;
it authorizes expenditures of balances remaining at
the close of the previous biennium in the funds from
which expenditures were previously authorized.
Very truly yours,
JOHN L. HILL
Attorney General of Texas
p. 2695
The Honorable John R. Bigham - Page 4 (H-608)
APPROVED:
NDALL, First Assistant
OBERT HEATH. Chairman
Opinion Committee
jwb
p. 2695
Untitled Texas Attorney General Opinion
Combined Opinion