Opinion No. W W-312 Board for Texas State Hospi- Re: Whether a Cert8in c1ai.m is ta3.s and SpecLal Schools barred b Austin, Texas Article 3.57 Revised Civil 5 the provi,siona of. Statutes of texas, 1925, as Honorable RaymondW.Vowel1 Acting Ekecutive Director

Dear Mr. Vowel1: amendedI)

The claim Involved in your request was presented to the Board for Texas State Hospitals and Special Schools on the 8th day of July,1957 .and was approved by the Board on the 24th day of September, 194- (, and presented to the Comptroller for payment between the 24th day and.the 30th day of September, 1957. The claim arose by vlrtue of service rendered pursuant to a contract entered into on the 14th day’of Apr’il, 1954, for architectural services in connection with construction at the Eas,t Texas Tuberculosis Hospital,

House Bill 11’1 Acts of the 53rd Legislature, Regular Session out of e 195js Chapter Si, page 144, appropriated $291Q0,000.0C:

he State Hospital Fundto the East Texas Tuberc’ulosis Hospital for constructing and equipping buildings. This appropriation was madefor the fiscal year ending August 319 1955.

The $th Legislature, ,dnHouse Bill 140, made the following appropriation to the East Texas Tuberculosis Hospital for the fiscal years ending August 31, 1956 and August 319 1957:

“Any unexpended balances in the appropriation for constructing and equipping buildings for the East Texas Tuberculosis Hospital madeIn Item 7s Section le Article II (page 144) of Chapter 81 (House Bill No

’

. 111), Acts of the Fifty-third Legislatuxe, Rsgular Session, remaining as of August 31, 195ss are hereby reappropriated for the same purposes specified in that Act for the biennium beginning September 1, 1955.” Article k357, Revised Civil Statutes of Texas, 1925 providing for the keeping of a list of claims by the ComptrollerHonorable RaymondW.Vowell, page 2 (WW-312)

of Public Accounts was amendedin 1931 by the provisions of House Bill 495, Acts of the 42nd Legislature, Regular Session, 

### 1931,Chapter 24js by inserting the following provisions :

“No claim shall be paid from appropriations unless presented to the Comptroller for payment within two (2) years from the close of the fiscal year for which such appropriations were made, but any claim not’presented for paymentwithin such period maybe presented to the Legislature as other claims for which no appropriations are available. n !Chephrase

.“wlthln two (2) years from the close of the fiscal year for which such appropriations were made’)refers to the fiscal year during which the appropriated funds become available for disbursement, and it Is not limited to the first year the appropriated funds are available but applies to all fiscal years during which the appropriated hutids are available for disbursement0 10 

### (1953).Attorney General’s Opinions V-1416 (1952) and MSPrior to the 

### 1931amendmentto Article 

### 4357gthe Comptroller had no power to close out accounts on various appropriations since there was no limitation as to when claims against such appropriations c,?uld be presented. Subsequent to the 1931 amendment, the Comptroller could close out the accounts on the various appropriations after twoyears had expired from the close of the fiscal year for which the appropriatlons involved were made. The close of the fiscal year for which the original appropriation of $2,100 000,OOwas madewas August 

### 31 1955,and the close of the fiscal year for which the reappropr ation was made J was August 

### 31;1957.

Since the claim involved In your request is payable out of the appropriation for the fiscal years ending August 

### 31, 1956,and August 

### 31,1957 and has been presented within two years from August 

### 31,1953,it is our opinion that the claim is not precluded from being paid by the provisions of Article 

### 6357.

Any statement contained In any former Attorney General’s Opinion concerning a construction of Article 

### 6357contrary to this Opinion is hereby expressly overruled.Honorable RaymondW.Vowell, page 

### 3 (WW-312)

Aclaim payable out of an appropriation for the biennium ending.August 

### 31,1957smaybe presented to the Comptroller until August 31, 1959. Your8very truly, WILLWILSON Attorney General of Texas

JR:jl:wb APPROVED: OPINIONCOMMITTEE Geoo P nlackburn, Chairman John H. Minton, Jr. Mrs. l+ariaCta McGregor Payne B. H. Timnins, Jr. Fred Werkenthln REVIEWED

FORTHEATTORNEY

GENERAL BY: W. V. Geppert