OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Olin Oulber,rron, Commlrdone~
Eailroad CorgPiorion Of TOXa8
Au&in, 'petal
,ut uhloh
prior to
bn for
u&t
in a total of &Q,295.60 anbwhen mram was
prerontell an& apprwed by the Conmie8ion for
payment they worm returned by the Oomptrol~~r
with the rtatumnt tTheoo aoeaunt8 lnour prior
to grant of Limitation Board and not payable
out or grant.*
fIonorabls Olin Culberson, page 2
“In view of the fact that these items were
rpsolfloally Inoluded In our request, I wauld
like for you to answerthe fallowIng questiont
“Can the Comptroller legally authorize
warrants for ‘payment of there aooounte ren-
dared to the Oommi~,sIon under date or Au&u&
6th. but whioh warm inourred prior to the
applioation ror limitation grant?n
The grant made by the Limitation of Payment8 Board
upon the petition Of the Railroad Commission, datrd July 1,
19W, was to permit 8aId. Railroad Commission to srpenb men108
naoeraary to adequately performthe runotfon8 OS 8alil 8tatm bo-
partment rrom available funds thoretotore appropriated ami
then on hanb.
The approval of the applioation ot the Railroad
Coxmi8sion to L%~O suoh available fund8 for the doaIgnato6 pur-
pose wan not an appropriation by ruoh body but 8uoh aotion on
the part of auoh boriy wa8 rather a permirri~e gan$ to the Rail-
road Commission allowing it to use the rpeoIii6d mottle8 f;; thr
purpose an6 in the amount8 set out in the applloation.
Ueny payment8 of obllgationm inourrad prior to the date of the
grant made by the Limitation OS Paymanta Boar4 would ronbar the
Railroad CommIsaion powerle88 to oarry out it8 statutory iuno-
tionq, and the very purpose oontemplated by the Legl8lature.
In creating the Limitation of Payment8 Bo,ard would, in raot,
be dereatsd.
Honorable Olin Oulberaon, pago 3
You are aooordlngly advleed that it la the opinion
of thirr department that the Comptroller oan legally authorlea
-anti payment of aooount8~renderod to the Railroad Coniml$-
aion under date of August 6, 1941, but whloh aooounta were
inourred prior to the applloation for limltatlon grant.
Tour8 very truly
ATTOEUFEY GENERAI, OF TEMB