Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Honorubls George R. Sheppard Comptroller or Yublio Aooounte Au~t+n, Texas K’e have your re *Article 6694, Statutes, 1925, by the Comp- *All appropriations for the Texas Highway Patrol ehaJ.1 be mnde by tho Legie; $.;$y from and out of the Etato Highway . “This last provision oaes under the AOb oreat- ing the Department of Pub110 Oafsty. c c Hon. George H. Sheppard, Page 2 “The question haa arisen In the payment of claims in this department ae to whether the Chalr- man of the Highway Commlselon and one other Cm- missioner will be required to approve the account8 incurred by the Texas Highway Patrol before this department Is authorized to iaeue warrant in pay- ment of moh account. Or, la the approval of the Public Safety Co:~niesion euffloient to authorize this department to paee such ecoounte for warrants?” . : The obvious purpose of Article 6694 in requiring the Chairman of the State Highway CommIr;slon and ono member thereof to approve vouchers drawn against the State Highway Fund was to af’tord aUth8ntiO verity to the Comptroller be- fore accounts for warrants ehould be drawn again&the State Highway Fund. Article 4413 (26) requiring all appropriations for the Texas Highway Patrol to be made by the Legislature from and out of the State Highway Fund does not cane within the meaning of the requirement for approval provided by Article 60Q4, since it. le a leg1elatlve’appropriat1on from the State Highway Fund. The appropriation for the present biennium expres- alp make8 the appropriation for Texas Highway Patrol divi- sion (as it should) out oi the State Highway Fund. The renson for the requirement of approval by the ‘; Chairmen and a member of the Highway CommlsaIon having ceased, the requirement’itself ceases as to vouchers and warrants thereon to be paid out of the laet-mentioned appropriation. So that the approval by the Publld Safety Commission la suffioient to authoriee,you to paea such aocounte for war- rantr. ‘., r” Very truly your8 ATTORNZY GENERAL OF’TEXAS ATTORNEY GhNF&.LCP TE;WR