THEATTOIWEY GENERAL
OF ~XAS
Honorable Geo. H. Sheppard
Comptroller of Public Accounts
Austin, Texas
Dear Mr. Sheppard: Opinion No. O-6322
Re: Expenses provided for under Article
2609, Revised Civil Statutes cannot
in any event be paid from the General
Maintenance and Contingent Expense
Appropriation made to the A.&M.
College.
Your letter of April 24, 1945, which is copied below, has
been given our careful consideration:
"Article 2609,
R.C.S., 1925 provides:
"'There shall be maintained and instructed
at said college annually free of charge to them t_hree
students ..... , The Comptroller on proper vouchers being
filed in his office by the directors, is authorized to
draw his warrant on the State Treasurer against any appro-
priation made for such purpose.' Emphasis supplied.
"There is no specific appropriation now
available for such urpose unless the appropriation made
to the A. & M.-77-n&r n the General Appropriation Bill
can be used for such urpose. The General Maintenance
Appropriation fos b ollege for the biennium end-
ing August 31, 1945, reads as follows:
For the For the
Year Year
1943 1345
"General maintenance, includ-
ing supplies, material, labor, equipment,
traveling and contingent expenses $108,033 $1zJ3,:130’
"I shall thank you to advise this department
whether or nst expenses incurred under Article 2609 may
be paid from the General Maintenance and Contingent
Expense Appropriation nsde t: the A. & M. College in the
biennial appropriation bill.'
Under the specific provisions of said Article 2609, you are
not authorized tolay any of said expenses until and/or unless the Legisla-
ture has "Made for such purpose" a specific appropriation.
Honorable Oeo. H. Sheppard - Page 2 O-6322
YOU state in your letter that no such appropriation has been made; that
the only possible item from which it could be paid would be that for General
Maintenance and Contingent Expense, etc. It Is our opinion that this
specific appropriation would not and does not authorize you to pay any ex-
penses incurred by students, under the provisions of Article 2609.
We are not, of course, passing upon the constitutionality
of said Article, or whether the Legislature could, If it desired, make such
appropriation.
Very truly yours
ATTORNEY GENERAL OF TEXAS
By s/ Geo. W. Barcus
Geo. W. Barcus
Assistant
GWB-MR-WC
APPROVED MAY 3, 1945
s/ Carlos C.AShley
FIRST ASSISTANT
ATTORNEY GENERAL
Approved Opinion Committee by s/BwB Chairman