. .
OFFICE OF THE ATTORNEY GENERAL OF
AUSTIN
Eonorable George R. Sheppard
Comptroller or Publio AOooUUt6
Austln, Texas
Dear Sir:
Opinian No. O-1672
Re: Authori ty or Limit ati on of Payments
Board to- authorize sxpenditur0a
supplsmenting a sgs0ifio itea of
appropriation; .~.~_..-~~_
.~_
By your letter of Novtiber -_- lath, . you request the
opinion of this department upon the Xollowlag queetlonr
. ,-
“Does’ the Liznitation’of Payments Board pro-
vlded for In the rider to,.. th0General Appopria-
tion Bill passed by tha Regular.,Session of the
LWrty-sixth LegJslature ~for tha prassnt biennium
hsve authority'to &rant a\supplemental amount to
a spscifio i;taa,in the app?opriation bill for of-
fice rent, suoX aa,, found und0r $ten 5 & the %aln-
tenanoe and KisoalLaqe0Ua~ appropriation for the
Barber Boqfdl-.,, ‘\,,, ‘,.,,
.,--erryoulr. a’kawar ~,%titXe negative then would
aafd Iktatibq oi2Qxwiiits Board haie authority
,A42 gqant, supplekental dppropriations to an;r item
,’ in.8 tintingent &x@&e appropriation, suoh as
LIzted In Stan 4 of the appropriation for the
‘1 %ate Board 60 Dent& Fxsminers?n
'\\y ,,.
i \
,,Item ‘5 of the %aintenahoe and &oellaneoUan
approprQtl,on fos the Barber Board reads as follms:
'keri/;/ae rent ,.. $300 . 00 . *
Itam 4 of the appropriation for the Sta%s Board
of Dental Yxaminers rsads as follms:
"Postage, telephone, contingent expenses,
statfonery, printing, supplies, equipment, of-
fice rent, publicity and auditing expenses . . . $.l,OOO.OO"
1
Bon. ,George H. Sheppard, Pa&e 2.
The general rider appended to Senate Bill 402,
46th Legislature, provides in part GS follonts:
*(b) The appropriations herein provided are.
to be construed as the maximum sums to be appropriated
t0 and for the several purposes named berein, and the
amounts are intended to cover and shall cover the
entire ooet of the respsotive it-a, and the same
shall not be supplemented Prom any other source; and,
except as otherwise provided, no other expenditures
shall be made, nor shall any other obligations be
incurred by any department of this State, . ..w
RLimitati on of payment 8. yxoept as otherwise
provided, whenever, by virtue of the provisions of
this Act, Items are to be paid out of Pees, receipts,
special funds or out of. other funds available for
use by a department, it Is the intention of the
Legisleture to limit expenditures out of said fees,
receipts, spaolal funds or other available funds
to the purposes and in the amounts ltcmlzed herein,
and it -is so provided. If, hwlever, the amount of
the Pees, receipts, special or other available funds
herein referred to are more than sufflclent to
pay the items herein designated to be paid there-
from, the department to which the said fees, re-
oeipts, speoial funds or other available funds are
appropriated may, ii necessary to adequately perform
the functions of said department, use any portion
of said surplus Pees, receipts, speoial funds or
other available funds; provided, however, that
before doing so, the head of suoh departmsnt shall
under oath make applloatlon jointly to the Gwernor,
the Attorney General and the State Treasurer setting
forth in detail the.neoe8sit.y for using suoh sur-
plus Pees, reoeipte, speofal funds or other available
funds and itfxnizing the purposes for which the same
are to be used . ..*
Taragraph (b) of t3e general rider prohibits tha
supplementing from any source of an amount provided for a
speoiflo lten or purpose. This prohibition extends to the
authority oP the Limitation of Payments Board, so that that
body is Wwlthout authority to authorize .additional expenditures
by way of supr,lementing an ltean for which specific nJovlnion
has been made ‘by the Legislature. It follows that suoh it-s
as Item 5 of the “Zaintenanoa and ?:iscellaneous* appropriation
Hon. George H. Sheppard, Rage 3.
for the Barber Board may not be supplemented by authority of
the Limitation of Payments Board, for the Legislature hes seen
Pit to meke a spscifio and s parate provision for office rent,
itemizing it in such manner !h at the amount available for that
specific purpose is definitely ascertainable.
We have construed paragraph (b), where it state8
*except as otherwise provided, no other expenditures shall be
made,* to have relation to.the limitation oP payments olause,
and to authorize the Limitation~of Payments Board to pennit
the u9e of a portion of surplus fees, eta,, necessary to
adequately perform the functions of a department, for pur-
poses for which speoifio provision has not been mde by the
Legislature. In other word%, the authority of the Limitation
of Wymente Board extends only to the authorization of expen-
ditures for purposes for which the Legislature has not pro-
vided a definite and asoertalnable amount.
Since, in-buch Items as Item 4 of the appropriation
for the State Board of Dental Yxaviners, the Legislature has
not provided a definite and fixed amount to be spent for
poetage, or'to be spent for telephone, or to be spent for
such other purposes a% are lumped together in this item, but
has, in reality, provided only an Item for "Contingent Rxpen-
see," In such manner that the amount authorized to be spent
for any partioular purpose falling under such heading mey not
be ascertained, it ie within the authority of the Limitation
of Payments Board to authorize expenditures out of surplus Pees
for any purpose falling within the term% of Item 4, %ave and
except treveling expenses, which, being governed by a peculiar
and speaial provision of the penerel rider, may not be supple-
mented in any event, a% held in our Conference Opinion No. 3089.
Yours very truly
ATTORNEXGENERALOF TX&S
R. ‘N. Fairchild
Assistant
Untitled Texas Attorney General Opinion
Combined Opinion