,
September 14, 1971
Honorable James U. Cross Opinion No. M- 952
Executive Director
Parks and Wildlife Re: Authorization of
Department Parks and Wildlife
John H. Reagan Building Department to Expend
Austin, Texas 78701 Certain Funds for
the Construction of
a State Office Build-
ing.
Dear Mr. Cross:
You have requested the opinion of this office as
to the following question:
"Is the Parks and Wildlife Depart-
ment authorized to expend funds for the
construction of a State office building
from each of the following funds:
a. General Revenue Fund, specifi-
cally, any 'lapsed funds' which may remain
at the end of a fiscal year;
b. State Parks Funds No. 64;
C. Special Game and Fish Fund No. 9;
d. Land and Water Recreation and
Safety Fund No. 63;
e. Special Boat Fund No. 59;
f. Conservation Fund No. 223;
G. Texas Parks Fund No. 31."
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Honorable James U. Cross, page 2, (M-952)
Section 6 of Article VIII of the Constitution of
Texas provides that no money shall be drawn from the
Treasury, but in pursuance of specific appropriations
made by law. Pickle v. Finley 91 Tex. 484, 44 S.W.
480 (1898). The 62nd LegislatAre in the current General
Appropriations Act, Senate Bill 11, Acts 62nd Leg., R.S.,
1971, as amended by Senate Bill 7, Acts 62nd Leg., 1st.
C.S.) 1971, made the following appropriation to the
Parks and Wildlife Department for the biennium ending
August 31, 1973:
"In addition to the funds appropria-
ted hereinabove, there is hereby appropria-
ted out of such funds as may be available
to the Parks and Wildlife Department an
amount NTE $B,OOO,OOO for construction of
a State office building for the Parks and
Wildlife Department to be located at
McKinney Falls State Park including facili-
ties for wildlife scientific research and
comprehensive park and statewide outdoor
recreational planning. Such amount to
cover planning, site development, profes-
sional services and fees, salaries and
wages, travel, capital outlay including
utilities, equipment, park areas and other
improvements related thereto and all other
necessary costs and expenses whether by
contract or direct payment."
It is noted that the above quoted appropriation does
not specify from what fund or funds said appropriation is
made.
The appropriation is made for the construction of a
State office building to be used for wildlife scientific
research and comprehensive park and, statewide outdoor rec-
reational planning. Therefore, such item of appropriation
may be expended from the available special funds listed
in your request as well as the General Revenue Fund. See :
Attorney General's Opinion M-574 (1970). In this connec-
tion House Bill 1565, Acts of the 62nd Legislature, Regu-
lar Session, 1971, Chapter 798, page 2459 (codified in
Vernon's as Article 438613-Z V.C.S.), provides:
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Honorable James U. Cross, page 3 (M-952)
"Section 1. There is hereby established a
fund in the State Treasury to be known as
the 'Parks and Wildlife Operating Fund.'
The Parks and Wildlife Commission is autho-
rized to transfer any funds appropriated
to the Parks and Wildlife Department by
the Legislature for Personal Services
Travel, Consumable Supplies and Materials,
Current Operating Expenses and Capital
Outlay, as these terms are used in the Act.
All expenditures by the department from
this special fund shall be made only for
such purposes for which appropriations are
made by the General Appropriations Act."
"Section 2. The Parks and Wildlife Opera-
ting Fund shall be used for the purposes
specified by law or hereafterwards autho-
rized by law, and nothing shall be done
by any officer or employee of the Parks
and Wildlife Department or the Parks and
Wildlife Commission to jeopardize or
divert the Special Funds or any portion
thereof, including any federal aid the
department receives or administers."
In Attorney General's Opinion M-574, it was pointed
out that: "The Parks and Wildlife Department was created
by the provisions of Article 978f-3a, Vernon's Penal Code.
This article provides that the Special Game and Fish Fund
shall be used for the purposes provided in the act and
for purposes provided by law, and also prohibits the use
of money heretofore authorized for park purposes to be
expended for any other purpose than the operation, main-
tenance or development of State Parks".
It is our opinion that a State office building for
the Parks and Wildlife Department to be used for "wildlife
scientific research and comprehensive park and statewide
outdoor recreational planning" is not a diversion of the
purpose for which the special funds may be used.
SUMMARY
Monies specifically appropriated to
the Parks and Wildlife Department for the
construction of a State office building
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Honorable James U. Cross, page 4 (M-952)
at &Kinney Falls State Park is payable
out of the General Revenue Fund, and such
moneys as may be available in the State
Parks Funds No. 64, Special Game and Fish
Fund No. 9, Land and Water Recreation and
Safety Fund No. 63, Special Boat Fund No.
59, Conservation Fund No. 223, and Texas
Parks Fund No. 31.
y General of Texas
Prepared by JohnReeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Rex White
Larry Craddock
Pat Bailey
Marietta Payne
SAM MCDANIEL
Acting Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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