Hon. J.73. McDonald Commissioner ofAgriculture Land Office Building Austin, Texas Opinion No. V-887
Re: Construction of H.B. 420, Acts 5lst Legislature
Dear Sir:
Your request for an opinion, inpart, reads. as follows:

“House Bill No. 420, known as the ‘2. 4-D Weed KillerAct’, was passed by.the Slst Legislature.’ You will find a copy of‘same enclosed herewith.

“‘The last paragraph, Sec. 6, of said H. 8. No. 420, sets up a Special Fund in the State Treasury dksignated ‘The 2,4-D License Fund.’ Inthis same paragraph, the~wording indicates that all ofthe fees collected under the provisions of this Act, shall be made available to the, Commission of Agriculture for the purpose of defraying’ expenses which accrue in’tbe administration of the **Act.** However, the State Comptroller maintains that the wording, in this paragraph, is not,specific enough.to substantiate him to spayclaims for expenses. snbmitted to him and,to be.paid out of this particular fund, since the wording does not say:

‘and the sum or sums of money accruing under the provisions ~ofthis Act are hereby appropriated for the use ofthe Commissioner of Agricultur~e in carrying out the provisions~ 

### ofthis Act,‘,o,r some other suitable’ or=appropriate tiords.
.*We believe that it was the intent ofthe Legislature to appropriate all or so much of these funds as mightbe needed in the administration of this Act’; and that such funds are to be paid out in the usual manner; namely, upon properly executed bills approved by the Commissioner of Agriculture and presented to the State Comptroller for warrants to be drawn on the State Treasury in the usual manner? II iHon. J. E. McDonald - Page 2 (V-887)

“House Bill No. 420, Acts 51st Legislature, regulating the sale and use of 2, 4-D and other hormone type herbicides, became effective June 23, ,1949; The Act confers upon the Commissioner of Agriculture the duty of administering its provisions, including the duty of issuing the licenses provided for therein, collecting the fees therefor as provided in Section 7thereof, and expending the money so collected for expenses incurred in the performance of the duties so imposed.
The last paragraph of Section 6(f) of the Act reads:

“ADlicense~ fees collected by the Commissioner of Agricuzre under the provisions hereof shall be placed in aspecial fund inthe State Treasury to be known as ‘The 2, 4eD License Fund,’ which fund shall be available to the Commiss.ioner of Agriculture for the purpose of defraying ~expenses which accrue in the administration of the provisions hereof and same shall be paid out by the State Treasurer upon warrants based upon vouchers issued therefor by the Commissioner ofAgriculture.”
Section 6, Article VIII of the Constitution of Texas, inpart, reads:
“No money shall be drawn from the Treasury, but inpursuance of specific appropriations made by law; nor shall any appropriation ofxnoney be made for alongr er period than two years.”

Inthe case ofPickle v:,~Finley, State Comptroller, 91Tex. 484, 44 S.W. 480 (1898), Chief Justice Gaines, ‘speaking for the court said:

“It is clear that an appropriation need not be made in the general appropriation bill. It is also true that no specific words are necessary in order to make an appropriation; and it may be conceded, that an appropriation may be made by implication when the language employed leads to the belief that such was the intent of the Legislature. ”Hon. J. E. McDonald - Page 3 (V-887)

We quote from the opinion ofthe court inthe case of National Biscuit Co. v. State of Texas, 134 Tex. 293, 135 S.W.2d 687- 11940), as follows: l I

“As just stated. one ofthe protisions ofSec. 6 of our Constitution requires all appropriations of ‘money out of the State Treasury to be spedific. Itis settled. that noparticular form of words is required to render an appropriation specific within the meaning of the constitutional provisions under discussion. It is sufficient ifthe Legislature authorizes the expenditure by law, and specifies the purpose for which the appropriation is made. An appropriation can be made for all funds coming from certain sources and deposited in a special fund for ades.ignated purpose.. In such instances. it is not necessary, for ,the apportioning Act to name a certain 

### sum or 

### even a

### mwimum &I. 38 Tex.~,Jur. pp! 844-845. Sec. ‘27. and .autho,rities there cited.”
The Thirty-fifth Legislature established the State Highway Department; created the State Highway Commission and the office of State Highway Engineer and prescribed 

### their respective powers and duties; directed the Commission to place and adopt a comprehensive system of State Highways and to promote fha cona#~&&rn~%nzre~o’~, and to effectuate that purpose provided for the registration and licensing of

## ailmotor vehicles ,andprescribed the fees to be collected therefor.’ (Acts 1917, Ch. 190, p. 416). The pertinent part of section 23 ofthat Act read:

‘Sec.~ 23. All funds coming into the hands of the Highway Commission, derived .from the registation ~fees hereinbefore provided for, 

### or from other s.ources. as collected, shall be deposited with the State Treasurer to the credit of a special fund designated as, ‘The State Highway Fund,’ and shall be paid only on warrants issued by the State Comptroller upon vouchers drawn by the Chairman of the Commission and approved by one other member of the Commission, such vouchers to be accompanied by itemized sworn statements of the expenditures, except when. such vouchers are for the regular salaries of the employes of the Commission. The said State Highway fund shall be expended by the State Highway Commission for furtherance ofpublic‘Hon. J.E. McDonald - Page 4 (V-887)

road cons~truction and the establishment of a system

! ofState highways, as contemplated and set forth in thisact....‘ i The questioh ofwhether this section met the’mandat&y requirements ofSection 6. Article VIII ofthe Constitution so as to constitute avalid appropriation ofthe moneys collected in pursuance totheprovisions ofthe **Act was**  before the court inAtkins v. State .Xighway~Departments, ,201&W; 226, 232~(Tex. Civ. App: 191,7). We qtiote from the’opinion of the court inthat case:

“We think the Legislature had the power to make the appropriation.-here involved, in the manner that it did, and we hold that the provisicjns of the **act in**  **r.e** gard .thereto ‘constitute a valid appropriation of-the funds mentioned to and **for** the purposes stated in the act. It is notto be unde,rstood. however, that we hold the appropriation good’for a longer term than two years; This statemint is made in view ofsection 6; Art. 8, of the,Constitution which provides ‘Nor shall any appropriation ofmoney be made for alonger terns-than.two years.’ *
-Sitice the provisions of’Section 6(f) &I%. 8. No. 240 are eo similar to and inno material respect different from,the provisions~of Section 23 ofthe Act of 1917, creating the StateHighway Department; we think out answer to your question.ia controlle>d by the opiti,?n in-Atkins v. State,Highway Department, ,supra. Therefore, it is the &nion ofthis office ~khat’H.~‘B~~~No;‘42O,Acts 51st Legisla1ture, made a valid appropriation ofthe money collected thereunder by the Commissioner **of** Agricdture for the.purposes therein stated for aperiod of ixo ‘years; beginning June 23~.1949. and ending June 22, 1951.

House %ill -No. 420, Acts 1949, Slst Legislature, made a valid appropriation ofthe money collected thereunder by the Commissioner of Agriculture for the purposes stated therein fat aperiod of two years, beginning June 23, 1949, and euding June 22, 1951.Hon. J. E. McDonald - Page 5 (V-887)

Pickle v. Finley, 91Tex. 484, 44 S.W. 480 (1898)l National Biscuit Co. V+ State, 134 Tex. 293, 135 S.W. 2d 687 (1940); Atkins v. State Highway Dbpartment, 201 S.W. 226 (Tex. **Civ.** App. 1917); Tax. Cons& **Ark** VIII, Sec. 6.
Yours very truly ATTORNEYGqNER&LO+TEXAS

BWB:mw:tb Bruce W. Bryant Assistant. 

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ATTORNEY GENERAL

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