# THEA TEXAS

August 17, 1951

Hon. Robert S. Calvert Opinion No. V-1241 Comptroller ofPublic Accounts Austin, Texas Re: Validity of appropriation in S.B. 322, Acts 52nd

Dear Sir: 

### Leg., R.S., 1951, to make a contribution or payment to the National Conference of Commissioners on Uniform State Laws. Your request for an opinion relates to the validity ofthe appropriation inSenate Bill 322, Acts ofthe Fifty-second Legislature, Regular Session, 1951, of a s,umnot to exceed Eleven Hundred Twenty-five Dollars ($1125.00) ayear to be expended as apayment or contribution to the National Conference of Commissioners on Uniform State Laws.

After quoting the provision making the appropriation in question, you ask:

“Does the language above quoted make anappropriation out ofthe General Revenue to the Commission on Uniform State Laws ?n Senate Bill 322 creates a Commission on Uniform State Laws, provides for appointment ofthe Commissioners by the Governor, provides for the organization ofthe Commission, prescribes its duties, and makes appropriations to carry out the purposes ofthe Act.

Section 5ofthe Act reads inpart: “There is hereby appropriated out ofState funds not otherwise appropriated asum sufficient to make a contribution onbehalf ofthis State to the National Conference of Commissioners on Uniform State Laws int&esum not to exceed One Thousand, One HundredHon. Robert S. Calvert, Page 2 (V-1241) Twenty-five ($1,125.00) Dollars per annum. There is also hereby appropriated out ofState funds not otherwise appropriated a sum sufficient to defray the cost ofprinting the Commission’s reports, and to reimburse members of Commission on Uniform State Laws for their necessary expenses inperforming the duties oftheir office, provided that these expenses shall not exceed Two Thousand ($2,000.00)

‘Dollars per annum, andprovided further that the Commissioners shall receive no compensation for their services as Commissioners. ~. .I’ We think the appropriation is clearly one to the Texas Commission on Uniform State Laws created by the Act. Section 4ofthe Act requires the Commissioners to “attend the meeting of the National Conference of Commissioners on Uniform State Laws” and further provides that each commissioner “both in and out of such National Conference shall do all in his power to promote uniformity of state laws, upon all subjects where uniformity may be deemed desirable andpracticable.”

We are not unmindful ofthe constitutional restrictions applicable to appropriation ofpublic money by the Legislature. Section 44 ofArticle IIIstates that the Legislature shall not “grant, by appropriation or otherwise, any amount ofmoney out ofthe Treasury ofthe State, to any individual, on aclaim, real or pretended, when the same shall not have been provided for by pre-existing law.” Section 6,ofArticle VIII provides that

‘“Nomoney shall be drawn from the Treasury but inpursuance of specific appropriations made by law; nor shall any appropriation ofmoney be made for alonger term than two years.” See also Art. III, Sec. 51.

We think itwas the intention ofthe Legislature to hold the National Conference of Commissioners on Uniform State Laws in the same light as the Council ofState Governments with which we understand it is affiliated or has a co-operative agreement.

Attorney General’s Opinion O-6395 (1945) held constitutional anappropriation to carry out the provisions ofSenate Bill 187, Acts of the Forty-seventh Legislature, Regular Session, 1941, creating the Texas Commission on Interstate Co-operation. The Commission was authorized to act with other states co-.

Hon. Robert S. Calvert, Page 3 (V-1241)
operating inthe Council ofState Governments. The Council was declared to be a “joint governmental agency ofthis State and ofthe other States which co-operate with it.” The holding inthat opinion has application to the question you present. The Texas Commission on Uniform State Laws is similar in character to the,,Texas Commission on Interstate Co-operation. Both will act with other states co-operating with the Council ofState Governments.

The Legislature, no doubt, considered that certain direct public benefits would flow to the State from acting with other states co-opsrating inthe Council ofState Governments and inthe National Conference, andwe therefore think the appropriation in question is for apublic purpose for which the Act itself is pre-existing law.

We have been favored with an able memorandum brief on the question presented by the Honorable Ben H. Powell, Chairman of the Texas Board of Commissioners to the National Conference of Commissioners on Uniform State Laws, inwhich itis pointed out that the first meeting ofthe National Conference was held in 1892. Inthe nearly sixty years of its existence the Conference has drafted and approved one hundred seven uniform acts. Texas has adopted some fifteen ofthese acts.

Moreover, Senate Bill 322 creating aState Commission on Uniform $tate Laws and carrying the appropriation which is the subject ofyour inquiry is one of seven of these uniform acts adopted by the Fifty-second Legislature. Thus, it is clear that the Legislature deemed the appropriation to be for apublic purpose and that itwill produce public benefits. Texas for many years has participated inthe conference through its commissioners, serving by appointment ofthe Governor, without compensation or reimbursement for necessary expenses. We understand that Texas has not heretofore paid any ofthe expense of the Conference. It appears that the Legislature decided that the State, having benefited from the Conference for years, should pay part ofthe expense ofthe Conference for the next two years.

We think the appropriation in question is authorized as one for apublic purpose. Of course, the appropriation will not be valid for alonger term than two years.Hon. Robert S. Galvert, Page 4 (,V-1241)

SUMMARY

The appropriation is S.B. ,322, Acts 52nd Leg., R.S., 1951, of an amount not to exceed $1125.00 per annum for the purpose ofmaking a contribution or payment to the National Conference of Commissioners on Uniform State Laws, is an appropriation to the Texas Commission on Uniform State Laws to be expended for apublic purpose and is valid. Yours very truly, APPROVED: Charles D. Mathews First Assistant Price Daniel Attorney Genenal PRICE DANIEL Attorney General

BJ&L Everett Hutchinson Executive Assistant EH:lg:mf