Hon. J. 73. McDonald 

Commissioner of Agriculture 

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, in part, 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.’ In this same paragraph, the~wording indicates that all of the 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 spay claims 

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 ~of this Act are hereby appropriated for the 

use of the Commissioner of Agricultur~e in carrying 

out the provisions~ of this Act,‘,o,r some other suitable’ 

or= appropriate tiords. 

.*We believe that it was the intent of the 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 

i 
Hon. 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 7 thereof, 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 

a special fund in the 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 of Agriculture.” 

Section 6, Article VIII of the Constitution of Texas, in part, 

reads: 

“No money shall be drawn from the Treasury, but 

in pursuance of specific appropriations made by law; 

nor shall any appropriation of xnoney be made for a longr er period than two years.” 

In the case of Pickle v:,~Finley, State Comptroller, 91 Tex. 

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 of the court in the 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 of the protisions of Sec. 6 of 

our Constitution requires all appropriations of ‘money 

out of the State Treasury to be spedific. It is settled. 

that no particular form of words is required to render 

an appropriation specific within the meaning of the constitutional provisions under discussion. It is sufficient 

if the 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 a des.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 ail motor vehicles ,andprescribed the fees to be collected 

therefor.’ (Acts 1917, Ch. 190, p. 416). The pertinent part of section 

23 of that 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 of public 
‘Hon. J. E. McDonald - Page 4 (V-887) 

road cons~truction and the establishment of a system 

! of State highways, as contemplated and set forth in 

thisact....‘ i 

The questioh of whether this section met the’mandat&y 

requirements of Section 6. Article VIII of the Constitution so as to 

constitute a valid appropriation of the moneys collected in pursuance 

to the provisions of the Act was before the court in Atkins v. State 

.Xighway~ Departments, ,201&W; 226, 232~ (Tex. Civ. App: 191,7). We 

qtiote from the’ opinion of the court in that 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.egard .thereto ‘constitute a valid appropriation of -the 

funds mentioned to and for the purposes stated in the 

act. It is not to be unde,rstood. however, that we hold 

the appropriation good’ for a longer term than two 

years; This statemint is made in view of section 6; 

Art. 8, of the, Constitution which provides ‘Nor shall 

any appropriation of money be made for a longer 

terns-than.two years.’ * 

-Sitice the provisions of’Section 6(f) &I%. 8. No. 240 are 

eo similar to and in no material respect different from,the provisions~ of Section 23 of the 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 of this office ~khat’H.~‘B~~~No;‘42O, Acts 51st Legisla1 ture, made a valid appropriation of the money collected thereunder 

by the Commissioner of Agricdture for the. purposes therein stated 

for a period of ixo ‘years; beginning June 23~. 1949. and ending June 

22, 1951. 

House %ill -No. 420, Acts 1949, Slst Legislature, 

made a valid appropriation of the money collected 

thereunder by the Commissioner of Agriculture for 

the purposes stated therein fat a period of two years, 

beginning June 23, 1949, and euding June 22, 1951. 
Hon. J. E. McDonald - Page 5 (V-887) 

Pickle v. Finley, 91 Tex. 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. 

g-TJd 

ATTORNEY GENERAL 

.