Untitled Texas Attorney General Opinion

, 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." -4657- 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: -4658- 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 -4659- 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 -4660-