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2” 

THE AYTORNEY GENERAL 

OFTEXAS 

AIlSTIN. TEXAS 78711 

October 25, 1973 

The Honorable Ralph D. Spencer, AIA 

Executive Director 

Texas Board of Architectural, Examiners 

2 02 Richmond Building 

1411 West Avenue 

Austin, Texas 78701 

Opinion No. H- 138 

Re: The necessity of legislative appropriation of 

Architects Registiatioxi 

Fund 109 

Dear Mr. Spencer: 

You have asked our opinion on several questions involving the recently 

passed amendments to the Architects Registration law. (Laws 1973, 63rd 

Leg., ch. 361, p. 801). The primary questlon is whether the Texas Board 

of Arc~hitectural Examiners (hereinafter TBAE or the Board) has full 

responsibility and authority for administering Architects Registration .Fund 

No. 109 without regard to legislative appropriation. Most of your other 

questions are premised on an affirmative answer to the first inquiry. 

Prior to its amendment, Article 249a. $ 4(a), Vernon’s Texas Civil 

Statutes, stated: 

“All fees collected which are provided to be 

charged by virtue of this Act shall be deposited in 

the State Treasury to the credit of a special fund to 

be known as ‘Architects Registration Fund, ’ and all 

expendituies from this fund shall be on order of the 

Texas Board of Architectural Examiners on warrants 

issued by the State Comptroller for the purposes and 

in the amounts fixed by the Legislature of Texas. All 

disbursements from such fund shall be made only on 

the written approval or order of the chairman or acting chairman, and the secretary-treasurer of such 

Board, and such disbursements shall not in any way 

be a charge upon the General Revenue Fund of this 

State. ” (emphasis added) 

p. 657 
. 

‘.: 

The Honorable Ralph D. Spencer, page 2 (H-138) 

The same section, as amended by the 63rd Legislature, now states: 

“All fees collected or money derived under 

the provisions of this Act shall be received and 

accounted for by the secretary-treasurer. All of 

these funds which are received shall be paid weekly 

to the State Treasurer, who shall keep this money 

in a separate fund to be known as the Architects 

Registration Fund. This fund shall be paid out only 

by warrants of the State Comptroller, upon itemized 

vouchers, approved by the chairman or acting chairman and attested by the secretary-treasurer of the 

Board. Disbursements shall not in any way be a 

charge upon the General Revenue Fund of this State. ” 

(emphasis added) 

In determining whether the Legislature surrendered appropriation 

control over the Architects Registration Fund 109, the .two important 

changes in the law are the omission of the requirement that warrants be 

“for the purposes and in the amounts fixed by the Legislature of Texas” 

and the substitution of “to the State Treasurer” for “in the State Treasury” 

in providing for the disposition of fees collected. 

The Texas Constitution specifically restricts then expenditure of 

treasury funds to those appropriated by the Legislature. Article 8, § 6, 

provides, “No money shall be drawn from the Treasury.but in pursuance 

of specific appropriations made by law; nor shall any appropriation be 

made-for a longer term than two years. . . . ” 

The Texas Supreme Court has made it clear that there are instances 

where funds held by the Treasurer are not treasury funds and, therefore, 

need not be appropriated by the.Legislature. The cases which have come 

before the Court involved the escheat laws [ Manion v. Lockhart, 114 S. W. 

2d 216 (Tex .1938)] and the unemployment compens 

American Surety Co. of New York, 151 S. W. 2d 570 (Tex. 19411. Both involved money which was held by the treasurer for possible (Manion, supra) 

or ultimate (Friedman, s. )distribution to an identifiable group of people. 

p. 658 
The Honorable Ralph D. Spencer, page 3 (H-138) 

See Attorney General Opinion WW-565 (1959). The Court found the Treasurer 

to be a trustee. 

Architects Registration Fund 109, on the other hand, is used for the 

general administrative expenses of a state agency. It has little, if any, 

resemblance to a trust and, notwithstanding the omission of the language concerning legislative~appropriation and the substitution of the word “Treasurer” 

for the word “Treasury, ” we do not believe the Legislature intended to establish Fund 109 as a trust fund. 

There are other indications of a legislative intent to requixe continued 

legislative appropriation supervision over TBAE. The amendments to the 

Architects Registration Law finally passed the Legislature on May 19, 1973. 

The General Appropriations Act (House Bill 139, 63rd Leg. ) was passed five 

days later and contained.appropriations for TBAE from Architects Registration Fund No. 109. ~~ A specific legislature is deemed to be motivated by the 

same mind and policy in all it does, and every effort should be made to construe acts of the same legislature so that they are harmonious with each other. 

Barnes v. State, 170 S. W. 548 (Tex. Crim. 1914)., We do not believe that the 

63rd Legislature abolished the necessity for appropriation to the TBAE by 

general law only to enact an appropriation for the Board less than a week later. 

Another indication of legislative intent can.be found in the House’s tape 

recordings of the committee hearings on H. B. No. 1204, the amending Act. 

Of course, the views of a legislative committee are not controlling, but they 

are entitled to consideration. National Carloading-Gorporation v. PhoenixEl Paso Express, 178 S. W. 2d 133 (Tex. Civ. App. , El Paso, 1943) aff’d 176 

S.W. 2d 564, cert. denied 322 U.S. 747 (1944). During those hearings it was 

specifically represented to the committee that then amendment would not permit the Board to bypass the appropriation procedures. It was stated that the 

Board did not want any change and would continue to go through the normal 

appropriation process. 

Given the dissimilarity of Architects Registration Fund 109 to the funds 

involved in Manion, supra. , and Friedman, supra., the inclusion of TBAE 

in the General Appropriations Bill and the testimony given at the committee 

hearings, it is our opinion that TBAE still is subject to appropriation by the 

Legislature. Because we have reached our decision on the basis of legislative 

p. 659 
The Honorable Ralph D. Spencer, page 4 (H-138) 

intent, we do not reach the question whether, constitutionally, the Legislature could provide for the expenditure of money from Architects Registration Fund 109 without legislative appropriation. 

Other of your questions, which are not necessarily premised on a 

contrary answer to the appropriations question,are: 

1. In contracting for services or supplies, office 

space, equipment, etc., does T.B.A.E. have 

authority to act independently or must it continue to requisition the Board of Control who, 

in turn, will advertise for competitive bids and 

contract for T. B. A. E. ? 

2. Does 5 3(d) of H. B. 1204 empower T. B. A. E, .to 

incur legal and court costs necessary in enforcement actions? 

3. Will the fact that ten percent of the Architects 

Registration Fund 109 is no longer contributed 

to the General Revenue Fund cause T. B. A. E. 

to be subject to charges for services from ~the 

State Treasurer, the State Auditor and other 

state officials and agencies? 

Article 664-3, $ 5, Vernon’s Texas Civil Statutes, states in part: 

“The Board [of Control] shall purchase all 

suppli~es, materials, services, and equipment used 

by each Department of the State Government . . . 

such supplies to include furniture and fixtures,technical instruments and books, and all other things 

required by the different departments or institutions, 

including perishable goods. The Board is given legal 

authority to delegate purchasing functions to agencies 

of the State. . . . ” 

p. 660 
The Honorable Ralph Di Spancer, page 5 (H-138) 

In accordance with this section, TBAE must continue to requisition 

the Board of Control for services, supplies, equipment, etc. 

Your question concerning legal fees is answered by Art. 249a, $ $ 

3(d~) and 5(c), as amended by H. B. 1204 (1973). which provide: 

3(d) “The Board shall cause the prosecution of 

all persons violating any of the provisions of this Act, 

and may,incur the expense reasonably necessary in 

that behalf. ” 

5(c) “The Texas Board of Architectural Examiners 

is hereby empowered and authorized to enforce such rules 

and regulations, the provisions of this Act, and the statutes 

of this state pertaining to the practice of architecture . . . . 

The Board may be represented by the Attorney General, 

the District Attorney, or the County Attormy, and by other 

counsel when necessary. ” 

We believe these provisions give TBAE authority to incur legal and court costs 

in enforcement actions. Any funds used for these purposes would come from 

item 9 of the current appropriation for the Board which provides money for 

“expenses for enforcement purposes. ” House Bill No. 139, Article III, p. 21 

Of course, money may not be spent for outside legal counsel unless the requirements of Article V $40 and 41 of the General Appropriations Act are met. 

The failure of TBAE to continue to contribute to the general revenue fund 

will have no effect on charges to the Board for services performed by other 

state agencies. As in the past, some services will be provided without charge 

and some will require interagency agreements, but the charges or lack of reimbursement do not depend on the Board’s contribution or failure to contribute to 

general revenue. 

SUMMARY 

The Texas Board of Architectural Examiners 

may spend funds only as authorized by legislative 

appropriation, notwithstanding 1973 amendments to 

p. 661 
The Honorable Ralph D. Spencer, page 6 (H-138) 

Article 249(a), V. T. C. S. , by House Bill 1204 

(Laws 1973, 63rd Leg., ch. 361, p. 801). 

Very truly yours, 

JOHN L. HILL 

c/ Attorney General oi Texas 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 662