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OFFICE OFTHEATTORNEY **GENERAL OF**  **AUSTIN**

Eonorable George R. Sheppard Comptroller or Publio AOooUUt6 Austln, Texas
Dear Sir: Opinian No. O-1672 Re: Authori ty or Limitation of Payments Board to-authorize sxpenditur0a supplsmenting a sgs0ifio itea of appropriation; .~.~_..-~~_ .~_ Byyour letter of Novtiber lath, you request the -_- . opinion of this department upon theXollowlag queetlonr

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“Does’ the Liznitation’of Payments Board provlded for In the rider to,..th0General Appopriation Bill passed bytha Regular.,Session of the LWrty-sixth LegJslature ~for tha prassnt biennium hsve authority'to &rant a\supplemental amount to aspscifio i;taa,in the app?opriation bill for office rent, suoX aa,,**found** und0r $ten 5& the %alntenanoe andKisoalLaqe0Ua~ appropriation for the Barber Boqfdl-.,, ‘\,,,‘
,.,, 

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tXe negative aafd Iktatibq oi2Qxwiiits Board haiethen would authority

,’,A42gqant, supplekental dppropriations to an;ritem in.8 tintingent &x@&e appropriation, suoh as

‘1 LIzted In Stan 4 of the appropriation for the %ate Board 60Dent& Fxsminers?n '\\y
,,. i \,,Item ‘5of the %aintenahoe and **&oellaneoUan** approprQtl,on fos the Barber Board reads as follms:

'keri/;/ae rent ,.. $300 00 *

. . Itam 4of the appropriation for the Sta%s Board of Dental Yxaminers rsads as follms:

"Postage, telephone, contingent expenses, statfonery, printing, supplies, equipment, office rent, publicity and auditing expenses

... $.l,OOO.OO"1

Bon. ,George H. Sheppard, Pa&e2.

The general rider appended to Senate Bill 402, 46th Legislature, provides in part GSfollonts:

*(b) The appropriations herein provided are. to be construed as the maximumsumsto be appropriated t0 and for the several purposes namedberein, and the amounts are intended to cover andshall cover the entire ooet of the respsotive it-a, andthe same shall not be supplemented Promany other source; and, except as otherwise provided, no other expenditures shall be made, nor shall any other obligations be incurred by anydepartment of this State,

...w RLimitati on of payment8. 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 adepartment, 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 paythe items herein designated to be paid therefrom, 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 makeapplloatlon jointly to the Gwernor, the Attorney General and the State Treasurer setting forth in detail the.neoe8sit.y for using suoh surplus 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 oPthe Limitation of Payments Board, sothat that body is Wwlthoutauthority to authorize .additional expenditures byway of supr,lementing an ltean for which specific nJovlnion has been made‘bythe Legislature. It follows that suoh it-s as Item 5of the “Zaintenanoa and ?:iscellaneous* appropriationHon. George H. Sheppard, Rage 3.

for the Barber Board maynot be supplemented by authority of the Limitation of Payments Board, for the Legislature hes seen Pit to mekea spscifio ands parate provision for office rent, itemizing it in such manner !hat the amount available for that specific purpose is definitely ascertainable.

Wehave construed paragraph (b), where it state8 *except as otherwise provided, no other expenditures shall be made,* to have relation to.the limitation oPpayments 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 adepartment, **for** purposes 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 expenditures for purposes for which the Legislature has not provided a definite and asoertalnable amount.

Since, in-buch Items as Item 4of the appropriation for the State Board of Dental Yxaviners, the Legislature has not provided a definite andfixed 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 Rxpensee," In such manner that the amount authorized to be spent for any partioular purpose falling under such heading meynot 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, %aveand except treveling expenses, which, being governed bya peculiar and speaial provision of the penerel rider, maynot be supplemented in any event, a%held in our Conference Opinion No. 3089.
Yours very truly
ATTORNEX

GENERAL

OFTX&S

R. ‘N.Fairchild Assistant