THEA 

TEXAS 

August 17, 1951 

Hon. Robert S. Calvert Opinion No. V-1241 

Comptroller of Public 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 of the 

appropriation in Senate Bill 322, Acts of the Fifty-second Legislature, Regular Session, 1951, of a s,um not to exceed Eleven 

Hundred Twenty-five Dollars ($1125.00) a year to be expended 

as a payment 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 an appropriation out of the General Revenue to the Commission 

on Uniform State Laws ? n 

Senate Bill 322 creates a Commission on Uniform State 

Laws, provides for appointment of the Commissioners by the 

Governor, provides for the organization of the Commission, prescribes its duties, and makes appropriations to carry out the purposes of the Act. 

Section 5 of the Act reads in part: 

“There is hereby appropriated out of State funds 

not otherwise appropriated a sum sufficient to make 

a contribution on behalf of this State to the National 

Conference of Commissioners on Uniform State Laws 

in t&e sum not to exceed One Thousand, One Hundred 
Hon. Robert S. Calvert, Page 2 (V-1241) 

Twenty-five ($1,125.00) Dollars per annum. There 

is also hereby appropriated out of State funds not 

otherwise appropriated a sum sufficient to defray 

the cost of printing the Commission’s reports, and 

to reimburse members of Commission on Uniform 

State Laws for their necessary expenses in performing the duties of their office, provided that these 

expenses shall not exceed Two Thousand ($2,000.00) 

‘Dollars per annum, and provided 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 

4 of the 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 and practicable.” 

We are not unmindful of the constitutional restrictions 

applicable to appropriation of public money by the Legislature. 

Section 44 of Article III states that the Legislature shall not 

“grant, by appropriation or otherwise, any amount of money out 

of the Treasury of the State, to any individual, on a claim, real 

or pretended, when the same shall not have been provided for 

by pre-existing law.” Section 6 ,of Article VIII provides that 

‘“No money shall be drawn from the Treasury but in pursuance 

of specific appropriations made by law; nor shall any appropriation of money be made for a longer term than two years.” See 

also Art. III, Sec. 51. 

We think it was the intention of the Legislature to hold 

the National Conference of Commissioners on Uniform State Laws 

in the same light as the Council of State Governments with which 

we understand it is affiliated or has a co-operative agreement. 

Attorney General’s Opinion O-6395 (1945) held constitutional an appropriation to carry out the provisions of Senate 

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 in the Council of State Governments. The Council 

was declared to be a “joint governmental agency of this State 

and of the other States which co-operate with it.” The holding in that 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 of State Governments. 

The Legislature, no doubt, considered that certain 

direct public benefits would flow to the State from acting with 

other states co-opsrating in the Council of State Governments 

and in the National Conference, and we therefore think the appropriation in question is for a public 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, in which it is 

pointed out that the first meeting of the National Conference was 

held in 1892. In the nearly sixty years of its existence the Conference has drafted and approved one hundred seven uniform acts. 

Texas has adopted some fifteen of these acts. 

Moreover, Senate Bill 322 creating a State Commission 

on Uniform $tate Laws and carrying the appropriation which is 

the subject of your 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 a public purpose and that it will produce public benefits. Texas for many 

years has participated in the conference through its commissioners, serving by appointment of the Governor, without compensation or reimbursement for necessary expenses. We understand that Texas has not heretofore paid any of the expense of 

the Conference. It appears that the Legislature decided that 

the State, having benefited from the Conference for years, should 

pay part of the expense of the Conference for the next two years. 

We think the appropriation in question is authorized 

as one for a public purpose. Of course, the appropriation will 

not be valid for a longer 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 of making 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 a public purpose and is valid. 

Yours very truly, 

APPROVED: 

Charles D. Mathews 

First Assistant 

Price Daniel 

Attorney Genenal 

PRICE DANIEL 

Attorney General 

B J&L 

Everett Hutchinson 

Executive Assistant 

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