THICATTO~EY GENEKAL
OFTEXAS
,..,
I&i%br&bleGe6. Ii.Sheppard
Cbi%ptrollerW'6f
Public Accounts
Austin,
_ Texas
Dear Mr. Sheppard: Opinion Nd. O-5407
Re: Repeal of HiW&e Bill No. 159,
48th LegFslatuW, Itjy
Hduse Bill
No. 9, 48th'Legislature?
Your letter of June 14, 1943, submits the following
questions for the consideration of this Department:
"1 * Does R.B'iNo. 9 repeal H.B. No. 159
in whole, or if in part, to what extent?
"2. Should the Comptroller, In making
the'ntixtmonthly allocation of money ,fi+omthe
Clearance Fund into the Old Age Assistance Fund
take into consideratLbn the $1,1.54,p44.20now
In the Old Age Assistance Fund thereby making It
a part of the $1,900,000.00 for the month of July?
“3 * If you answer questic%two""in the
negative, then shbuld the Comptroller apply
1/2'4thof the balance each:succeeding month in
establishing Fn the,Old Age Assistance Fund the
$1,900,000.00?"
H. B. No, 159 passed by the 48th Legislature reads as
follows:
'All unexpended an*dUnapproprFCted bal-
ances ofihand in the Old Age Asslstahce Fund are
hereby appropriated to the State Department."of
Public Kdlfare for the purposes for which ssld
fund Is aQthorLzed,by l&w to be expended. Pro-
that not more thankone-twenty-foiirth ~'
;:yig of the unexpended and UnapprBpriated bal-
&Mea on hand In the Old Age Assititance"'Fund
shall be expended durFng any one calendar month,"
..~,
The 48th Legislature likewise passed H. B. No. 9. It
carried thenemergency clause, and received'the v&e fiecess%irg
to
make it effective as an emergency measure. It was passed after
H.B.,179.
Honorable Geo. H. Sheppard, page 2 o-5407
Section 1 of H. B. No. 9 provides:
"Subsection 4 ~Section 2, Article XX, of
H. B. No. 8, Chap. 164, Acts of the 47th LEgls-
lature, State of Texans,Regular Session, and all
subsequent amendments thereto, .is hereby amended
so as to hereafter read as follows:
"'(4) After the above allodatlons and pay-
ments have been made from such Clearance Fund there
shall be paid therefrominto the Old Age Assistance
Fund on the first of each month such sum whiCh,
taken with the unexpended balance of State funds
in such Old Age Assistance Fund, ~111 estab1ish.W
the Old Age Assistance Fund a total of $1,900,00.00
in.State funds for that month. No more than ~'
$1,900,000.00 In State funds from whatever ~sourde
maybe expended for Old Age Assistance in any cal-
endar month. If, on the first day of the calendar
month,'the unexpended balance in the Old Age '~
Assistance Fund plus the amount on that date trans-
ferred from the Clearance Fund to the Old Age Assis-
tance Fund, shall not establish In the Old Age
As'histanceFund the total sum of $1,900,000.00 in
State funds for that month; then, In that event,
there shall be deposited to the credit of the Old
Age Assistance Fund from the revenues collected
after the first day of the month which would other-
wise go into the General Revenue Fund such sum as,
with the balance on hand in the fund plus the~'pay-
ment from the Clearance Fund, will make available
in the Old Age Assistance Fund a total amount of
State funds for that month of $1,900,000.00.
The funds now on hand in, or hereafter deposited
to the credit of, the Old Age Assistance Fund,
are hereby appropriated for the uses and purposes
prescribed by law, subject, however, to the pro-
visions of this Act. This appropriation is for
the remainder of the fiscal year ending August 31,
1943. The $1,900,000.00 per month State funds
herein appropriated shall be and is Wlieu of all
other State approprlations~for Old Age Assistance,
and this State appropriation of $1,900,000.00 shall
not include any funds received from the Federal
Government."
Section 2 of H. B. 9 repeals all laws In conflict with
H. B. 9 to the extent of the conflict only.
Since H. B. 9 appropr%ates, for the remainder of the
RonorabLe i;eo.H. Sheppard, page 3 O-5407
fiscal year ending August 31, 1943, subject to Its provisions,
"the funds now on hand In, or hereafter deposited to the credit
of, the Old Age Assrstance Fund'",it is directly jn conflict with
H, B. No. 159, the earlier law. FOP the period from the effec-
tive date of H. B, No. 9 to August 31, 1943, therefore, the ap-'
propriationprovlded by H. B. No, 9 controls. From and after
September 1, 1943, PI.B. 159 is suspended by the appropriation
made by the rider to the itemized appropriation made for the
Department of Public Welfare by S. B. 332, 48th Legislature,
Answering your second question, you are advised 'chak,
perforce of the provisions of H. B. 9, you must take into eon-
sideration, in making the next monthly allocation of money from
the Clearance Fund into the Old Age Assistance Fund, any 'unex-
pended balance of State funds" In the Old Age Assistance Fx
Since the $1,154,044,20 item to which you refer as being in the
Old Age Assi.stanceFund 1s an unexpended balance in that Fund,
you must treat it as such in making your transfer of funds from
the Clearance Fund to the Old Age Assistance Fund.
Very truly yours
ATTORNEY GENERAL OF TEXAS
By s/R. W. Fairchild
R. W. Fairchild
Assistant
APPROVED JUN 28, 1943
s/Gerald C, Mann
ATTORNEY GENERAL OF TEXAS
Approved Opinfon Committee By s/BWB Chairman