Ron. Robert S. Calve&

Comptrollerof PublicAccounts Austin, Texas Opinion HO. V-1255

Re: Legality of expending moneys to admlnlster the Act creatlng the Board of VocationRear Sir: al Rurse Examiners.

Your request for an opinionreads as, follows:

"Sec. 13 of H. B. Ho. 47, Shapter 118, of the Regular Session of the 52nd Legisla~ ture, reads as follows:

"'Sec. 13. Upon and after the effective date of this Act, all moneys derived from fees, asaessments,or charges under this Act, shall be paid by the Comtulssion into the State Treasury for safe-keeping, and shall by the State Treasurerbe placed in a separate fund to be available for the use of the ComnlsslonIn the admlnistratlon of the Act upon requisitionof the Commission. All such moneys so paid Into the State Treasury are hereby specificallyappropriated to the Commissionfor the purpose of paging the salariesand expenses of all persons employee or appointedas provided herein for the administration of this Act, and all other expensesnecessaryand proper for the admlnistratlon of this Act lncluding equipmentand maintenanceof any sup- :plies for such offices or quarters as the Commissionmay occupy, and necessary traveling expenses for the Commlssionor persons authorized to act for it when performing duties hereunderat the request of the commission. At the end of the calendaryear, any unused portion of said funas in said special account shall be set over and paidRon. Robert S. Calvert, page 2 (V-1255)

into the General Revenue Fund. The Comptroller shall, upon requisitionof the Ccmmisslon,from time to time draw warrants upon the State Treasurer for the amount specified in such requisition, not exceedinghowever, the amount In such fund at the time of making any requlsitlon;provided.however. that all moneys exoended in the administrationof~this Act shall be snecifiedand determined by itemizedaonrooriationin the General departmental

Appropriation

Bill.' (Underscoring supplied.)

"This House Bill Ho. 47 was not presented to this departmentand certified
as required under Sec. 49-a of Article III of the Constltutian.

"I call your attention specifical?.y underscorea

pr~vislon of Sec. 13,

?!bls departmentIs setting up its appropriation

ledgers and before settingup this appropriation for the use of the Board
we desire your opinionas to whether the fees, assessments,etc., under this Act are appropriated

and available to the Board from and after the effectivedate of the Act.
"This Is a new law and this department has made no departmental ruling that would
cover the above question. We are doubtful that the monies are available to the Board under the restricted languageabove quoted. However, It is argued that the language 'specified

and determinedby itemizedap- ; priation in the General Departmental Bills j applies to future General Departmental : Bills and not to the present ensuing Departmental Bill. This Act Is a ninety day billHon. Robert S. Calvert,page 3 (V-1255)

and does not become effectiveuntil September 7th, one week after the effectivedate of the Departmental Bill for next biennium.

"We respectfully

desire your and answer to the above question." opinion

House Bill 47, Acts 52nd Deg., 1951, ch. 118, p. 197, referred to In your request, creates
a Board of VocationalRurse Examiners to adminlster the provisionsof the act. The purpose of House Bill' 47 Is to regulate the practice of vocationalnursing. The Board is given the power to employ necessary personnelto carry out the provisionstherein. \

Section 13 of House Bill 47, quoted In your request,makes an appropriation of all moneys derived from fees, assessments,or chargesunder House.Bill47 for the purpose of "paying the salaries and expenses of all persons employed or appolnted as providedherein for the administration of this Act, and all other expensesnecessaryand proper for the administration of this Act, Includingequipment and maintenanceof any supplies for such offices or quartersas the Commissionmay occupy,and necessary travelingexpenses for the Commissionor persons authorizedto act for it when performingduties hereunder at the request of the Commission.

While Section 13 of House Bill 47 contains the proviso, that "all moneys expended in the administration

of this Act shall be specifiedand determined

by itemizedapproprlailonin the General Departmental

Appropriation

Bill, the general appropriationbill does not itemize the appropriations to be expendedby the Board of VocationalRurse Rx- &miners. Therefore,if effect is given to the abovequoted proviso, it will be impossiblefor the provisions of House Bill 47 to be administered by the Board, since there would be no money available for expenditure.

In Dolan v. Walker, 121 Tex. 361, 49 S.W. 26 695, 697 (19321, it was stateUSHon. Robert S. Calvert, page 4 (w-1255)

The rule is also well established Chat-the courts cannot adopt'the constructionof a section of a statute,
no matter how plainly requiredby its lan- @age standing alone, which would defeat the Intention of the Legislature as reflected in the whole statute: Moo&an
v. Terrell, 109 Tex. 173, 202 S.W. 727."

It was also held in Wood v. State, 133 Tex. 110, 126 S.W.26 4, 7 (1939):

"It is the settled law that statutes should be construed so as to carry out the lenlslativeIntent. and when such Intent Is once ascertained,It shouldbe given '. effect, even though the literalmeaning of the words used therein Is not followed.'

.SinceIt was clearlythe intenti6nof the Legislatureto regulate the practice of vocational nursing, it Is our opinion that the approprlatloncontained in Section 13 will be availablefor expenQltureupon the effectivedete of Rouse Bill 47, and for a period of two years thereafter,for the purposes stated therein.An appropriation of money from the Treasury may not be made for a'longer period than two years. Tex. Con&. Art. VIII, Set; 6. In order for these fees to be availablefor expenditure thereafter,It will be necessaryfor the'
same to be reappropriated by the Legislature.

In connection

with your questionregarding the necessity of the Comptroller's certifyingthe appropriation,it is our opinion that the appropriation contained In House Bill 47 Is not the type of approprltlon for which a certificateIs requiredunder Section 49a of Article III, since the bill only appropriates the Sees to be collected. Att'y Gen. Op. O-6626 (1945). -- ~~

SUMMARY

Failure of the Legislatureto make an ltemiaed appropriationIn the general appropriation

bill for expenditures of the Board in accordancewith the proviso in Seotjion

13 of House Bill 47 does not affect the availabilityof the appropriation made /Hon. Robert S. Calvert,page 5 (V-1253)

by the general statute itself for the first two years in which the Act is operative. Otherwise,the Intention of the Legislatureto regulate the practice of vocational nursing would be defeated.

The appropriation

containedin Section 13 of H.B. 47, Acts 52nd Leg., 1951, oh. 118;~. 197, will be available to the Board of VocationalRurse Examiners on September 7, 1951, (effective date of H.B. 47), for expenditure for the purposeX?if-administering the Act.

APPROVED:

J. C. Davis, Jr. County Affairs Mvlslon

Everett Hutchlnson ExecutiveAssistant

Price Daniel Attorney General Yours very truly,

PRICE DARIEL Attorney General

BYPL John Reeves Assistant

JR:em:gs