**OFFICE OF**  THE**ATTORNEY** GENERAL **OF TEXAS**  **AU8TlN**

Honorable BascomGlles, Commissioner General LandCffiar an& ChairmanBoard ror Lease or Texas Prison **Austin,** Texas Dear Sir:

Byyour letter qtmt the 0pinion or thi or whether the axpenses lease or Texas Prison la ror lease, mayba b , 1939, YOUrenthe question board ror the sing the lands Zexas Prieon

, you state that after rd ror the lease or Tex29, Fourth Called Session, ns&no other appropriation has of this board, and that

as bean madafor the manses of advertising for laase and leasing the Texas Prison lands:

-- ..-.. - .--- y_-__--I .-.- . Ys.-“-.. a.“.^“.*“.--- .II--m”-UI

. . . . . . ..“.“i.“m.L ea me” .“,mT.blvHonorable BascomGllea, paga 2
Bythe J+2nd

Legielature, an emergency approprlation was medr to extend to August 51, .3931, to the board iOr the lease of prison lands *to pay 

### ror advertising for bids andfor contingent expense . . . $500.*

In the appropriation luldoby the sameLegislature to the Texar Prison system, in the departmental appropriation bill, there appaarr thr item *for advertising for bids and aontingent expenses dt loaslng board
. . .)SOO.OW. (General Laws, k2ndLegislature, page 7&S.)

In the dopartmantal appropriation bill par#ad by ths 44th Legirlatur, there appear8 the 

### itemin the appropriation 

### tar the Texas Prison #p&em, wadrortfrlng for bid8 -- lea&w page l12i. j 

# l

,‘5oo’ *On* (General Laws, 44th Legislature,

In the departmental appropriation bill passed by the l,5th Legislature, in the appropriations to the Texas Prison system, there appear8 the item “advertising for bid8 --leasing

. . .$500.00n.

It thus appears that It has boon the legislative praotice to inoorporats anappropriation available for the expenditures involved in advertising and leasing Texas Prison land8 by lnaertlng 

### an item in the departmental appropriation bill, under the maintenance andmlacellanrous expense8 of the Texas Prison system.

Anexamination of the departmental appropriation bill passed by ths &6thLegislature reveals that the 46th Legislature continued the praotiae. Underthr heading
“Maintenance andMiscellaneour * In the appropriation nmda to the Texas Prison system in Senate Bill 127, Aots of the f+6thLegislature, Regular Session, there appears the following item:

“Adverti sing for bids -- leasing * * * &25.00* (See Itrm 14, under tha heading "MlintemnCO andM.lscellaneow ,(I page 113, Senate Journal Supplement 

### or June 13, 1939, aontaining the report or the conference oommittre on thr drpartmental appropriation bill. )Honorable BasoomGlles, page 3

You are therefore advised that the expenses or advertising and leasing Taxas Prison lands are to be paid exclusively frc~ the Item appropriated iOr suoh purposes by the I&h Legislature, and appearing in the appropriation madeto the Texas Prison system. This item maynot be sup- ;l;T;tted from the appropriation madeto the Gene+ Land

. Trusting that thmfiregoing 6atlsfaotorily annwars your inquiry, = are, Yours very truly ATTORNEY

GENERAL

OFTEXAS

RichardsW.Fairchild

Assistant RWF:LW
APPROVED

DEC4, 1939
GERALDC.MANN AT’IDRNEY GENERAL OF TEXAS

APRROVEO OPINION c0?&¶1TTEB BYB. W.B. CHAIRMAN