Ron. Robert S. Calve& 

Comptroller of Public Accounts 

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 opinion reads 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 Treasurer be placed in a separate fund to be available for the use of 

the Comnlsslon In the admlnistratlon of the 

Act upon requisition of the Commission. 

All such moneys so paid Into the State 

Treasury are hereby specifically appropriated to the Commission for the purpose of 

paging the salaries and expenses of all 

persons employee or appointed as provided 

herein for the administration of this Act, 

and all other expenses necessary and proper 

for the admlnistratlon of this Act lncluding equipment and maintenance of any sup- 

:plies for such offices or quarters as the 

Commission may occupy, and necessary traveling expenses for the Commlssion or persons 

authorized to act for it when performing 

duties hereunder at the request of the 

commission. At the end of the calendar year, 

any unused portion of said funas in said 

special account shall be set over and paid 
Ron. Robert S. Calvert, page 2 (V-1255) 

into the General Revenue Fund. The Comptroller shall, upon requisition of the 

Ccmmisslon, from time to time draw 

warrants upon the State Treasurer for 

the amount specified in such requisition, 

not exceeding however, the amount In 

such fund at the time of making any requlsitlon; provided. however. that all moneys 

exoended in the administration of~this 

Act shall be snecified and determined by 

itemized aonrooriation in the General 

departmental Appropriation Bill.' (Underscoring supplied.) 

"This House Bill Ho. 47 was not 

presented to this department and 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 department Is setting up its 

appropriation ledgers and before setting up 

this appropriation for the use of the Board 

we desire your opinion as to whether the 

fees, assessments, etc., under this Act are 

appropriated and available to the Board 

from and after the effective date 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 language above quoted. 

However, It is argued that the language 

'specified and determined by itemized ap- 

; 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 bill 
Hon. Robert S. Calvert, page 3 (V-1255) 

and does not become effective until 

September 7th, one week after the 

effective date 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 Vocational Rurse Examiners to adminlster 

the provisions of the act. The purpose of House Bill' 

47 Is to regulate the practice of vocational nursing. 

The Board is given the power to employ necessary 

personnel to carry out the provisions therein. \ 

Section 13 of House Bill 47, quoted In 

your request, makes an appropriation of all moneys 

derived from fees, assessments, or charges under 

House.Bill 47 for the purpose of "paying the salaries and expenses of all persons employed or appolnted as provided herein for the administration of this 

Act, and all other expenses necessary and proper for 

the administration of this Act, Including equipment 

and maintenance of any supplies for such offices or 

quarters as the Commission may occupy, and necessary 

traveling expenses for the Commission or persons 

authorized to act for it when performing duties 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 specified and 

determined by itemized approprlailon in the General 

Departmental Appropriation Bill, the general appropriation bill does not itemize the appropriations 

to be expended by the Board of Vocational Rurse Rx- 

&miners. Therefore, if effect is given to the abovequoted proviso, it will be impossible for 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 stateUS 
Hon. Robert S. Calvert, page 4 (w-1255) 

The rule is also well established Chat-the courts cannot adopt'the 

construction of a section of a statute, 

no matter how plainly required by 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 

lenlslative Intent. and when such Intent 

Is once ascertained, It should be given '. 

effect, even though the literal meaning of 

the words used therein Is not followed.' 

.Since It was clearly the intenti6n of the 

Legislature to regulate the practice of vocational 

nursing, it Is our opinion that the approprlatloncontained in Section 13 will be available for expenQlture upon the effective dete 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 available for expenditure thereafter, It will be necessary for the' 

same to be reappropriated by the Legislature. 

In connection with your question regarding 

the necessity of the Comptroller's certifying the 

appropriation, it is our opinion that the appropriation 

contained In House Bill 47 Is not the type of approprltlon for which a certificate Is required under 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 Legislature to make an 

ltemiaed appropriation In the general 

appropriation bill for expenditures of the 

Board in accordance with the proviso in 

Seotjion 13 of House Bill 47 does not affect 

the availability of 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 Legislature to regulate the 

practice of vocational nursing would 

be defeated. 

The appropriation contained in 

Section 13 of H.B. 47, Acts 52nd Leg., 

1951, oh. 118;~. 197, will be available to the Board of Vocational Rurse 

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 

Executive Assistant 

Price Daniel 

Attorney General 

Yours very truly, 

PRICE DARIEL 

Attorney General 

BY 

PL John Reeves 

Assistant 

JR:em:gs