Attorney General Opinion WW-0764

TEIEATTORNEP GENERAL OS-TEXAS December 21, 1959 Honorable Robert S. Calvert Comptroller of Public Accounts Capitol Station Austin, Texas Opinion No. W-764 Re: Dear Mr. Calvert: Is the State Comptroller authorized to make the transfers from the various funds specified in Item 14 of the State Building Com- mission's a propriation, House Bill 1 Acts 56th Legislature,'Third Called Session, to the Euilding Commmission's fund upon proper request of the agency administering the funds from whick ;rans- fers are appropriated. You have requested an opinion concerning whether the Comptroller is authorized to make the transfers speci- fied in the ap 1 ropriation to the State Building Commission in House Bill Acts of the 56th Legislature, Third Called Session, 1959, bhapter 23, page 442, the General Appropria- tion Bill. The appropriations to the State Building Commis- sion for the construction of a second State Office ailding to be occupied in part by the agencies listed in the appro- priation and referred to in your request, read as follows: "Out of Other State Funds: 14. For the purchase of balance of land in Block 173, City of Austin, and for the construction of a second State Office Build- ing thereon, there is hereby appropriated from the funds specified the amounts shown: Honorable Robert S. Calvert, page 2 (~-764) a. b. 0. C. d. e. Special Game and Fish Fund Professional Engineers License Fund Public Welfare Adminis- t@ative.:ISind-:I Federal Commodity Distribution Fund,No. 39 Social Security Adminis- tration Fund No. 929 Subtotal; direct appro- priations from Other State Funds 15. The following agencies are hereby authorized to transfer the sums specified to the State Building Commission as contributions toward construction of the second State Office Build- ing listed as Item 14 above, after contracts are entered into between the State Build- ing Commission and such agen- cies for space to be occupied without rental payments but providing for the payment of their proportionate shares of janitorial, utilities, and maintenance expenses: a. State Finance Commission b. State Board of Plumbing Examiners $ 600,000 400,000 and U.B. 225,000 U.B. 587,674 512,326 and U.B. 40,000 U.B. 60,000 U.B. $i:,512;674 $zPz,, ~2; . . 250,000 u.B. 250,000 U.B. "Any paymentsor receipts to the State Building Commission from the provisions of Item 15 above are hereby appropriated to said Commission for the purposes for which they are received." Honorable Robert S. Calvert, page 3 (~~-764) The State Building Commission is the agency of the State charged with the duty of carrying out the State Build- ing Program established by the provisions of Section 51-b of Article III of the Constitution of Texas and Article 67t:~ of Vernon's Civil Statutes. In Attorney General's Opinion WW-573 (1959), it was held: "The Legislature cannot by rider in the appropriation bill amend a general law. Attorney General's Opinion V-1304 (1951). Therefore, the Legislature cannot transfer special funds to the General Revenue Fund by an appropriation bill without first amending the general law creating the spe- cial fund. The Legislature does have the power, however, to transfer statutory spe- cial funds to the General Revenue Fund by a general law without violating the pro- vision of Section 7 of Article VIII of the Constitution of Texas, relating to the di- version of special funds. Gulf Insurance Company v. James, 143 Tex. 424, 185 S.W.Z?d gbb (1945) Attorney General's Opinion w-544 (19;9). "Item 16 to the appropriations to the Attorney General appropriates money for the purposes authorized by the general law and It keeps such special funds in a separate account to be expended only for the purposes authorized by the Legislature by general law. Since the appropriation is neither contrary to any constitutional provision nor to the general law, it is our opinion that such itef of the appropriation bill is constitutional. In Attorney General's Opinion ~~-604 (1959);this office held that the occupancy of office space is necessary to the carrying out of the particular duties of an agency of the State and, therefore, the Legislature is authorized to appropriate moneys for the payment of rent. By like reasoning, the Legislature is authorized to appropriate Honorable Robert S. Calve&, page 4 (W-73!) moneys for the construction of office space. Since the State Building Commission is the agency charged with the duty of the developing of the State Building Program, it was proper for the Legislature to appropriate the specia; funds referred to in your request to the State Buiiding Commission directly or to authorize the Comptroller to transfer special funds for the purpose of constructing t!:& State Office Buildin Attorney General's Opinions !-r!l.-541! p’,“;;,;;-m,~;;59 7; and ~~-604 (1959) and the authori- . You are, therefore, advised that you are authorized to make the transfers specified in the appropriation to the State Building Commission. SUMMARY The Legislature is authorized to appropriate special funds to the State Building Commis- sion for the construction of a State Office Building and such appropriation does not constitute a diversi~on of the purpose for which the special funds were created. There- fore, the Comptroller is authorized to make the transfers specified in the appropriation to the State Building Commission for the pur- pose of providing funds for the construction of a State Office Blilding. General's Opinions wW-544 (1959); ~~-57?~~~~~2;; I+W-604 (‘1959 1 . Yours very truly, WILL WILSON Attorney General of Texas JR:mfh APPROVED: OPINION COMMITTEE W, V. Geppert, Chairman Henry G. Braswell Marietta Payne C. Dean Davis Gordon Cass REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore