Honorable James H. Calvin
Assistant Secretary to the Governor
Austin, Texas
Dear Sir:
Opinion No. O-4485
Re: Grant of deficiency allow-
ances by the Governor un-
der facts stated.
You request, on behalf of the Governor, an opinion
from this department on the question of whether Article 4351,
R.C.S. 1925, authorizes the Governor to grant the following re-
quests for deficiency allowances:
1. Request of PT. J. McConnell, President, North
Texas State Teachers College, for a deficiency allowance of
$6,500.00 to construct and partially equip a frame building.
2. Request of Harmon Lowman, President Pro Tern,
Sam Houston State Teachers College, for a $15,930.00 deficiency
allowance to supplement the college’s appropriation C-1247, Gen-
eral Maintenance and Equipment, broken down into the following
items:
(a) Manual Training and Industrial Arts. . $9,890
(b) Science Department, including physics,
meteorology, electronics or radio, etc. $2,635
(c) Library . . . . . . . . . . *. *. . . e o *. $1,480
(d) Physical Education. . . . . . . . . ~ ~ ~ D $1,925
You note that the r.equests are not in proper form, and
desire our opinion only as to the authority of the Governor to grant
deficiencies for the purposes for which they are sought.
This department
on several occasions has held that Ar-
ticle 4351 does not authorize the Governor to allow deficiency re-
quests for the construction of permanent improvements. See Opin-
ions O-632, O-733, O-2118, and O-3988, copies of which are attached.
It follows that the re,quest by President McConnell for $6,500.00 to
Honorable James H. Calvin, Page 2 (O-4485)
construct and partially equip a frame building cannot be allowed
under Article 435 1.
It appears that the request of Sam Houston State Tea-
chers College is not for funds to construct permanent improve-
ments, but to defray current operating expenses; that the deficien-
cy is sought to supplement an existing appropriation, which was
insufficient and has been exhausted. Under Article 4351, the Gov-
ernor, in his discretion, may allow deficiencies for such purposes
and under such circumstances, when presented in the proper form,
see Opinion O-2118 and Opinion O-2924, copies of which ar,e at-
tached.
Yours very truly
ATTORNEYGENERALOFTEXAS
BY
R. W. Fairchild
Assistant
RWF:LM
Enclosures
APPROVED MAR 18. 1942
/s/G
First
rover Sellers
Assistant
Attorney General
Apprwed:
Opinion Committee
By /s/ BWB
Chair man