December 31, 1962

Honorable H. R. Nieman, Jr. Executive Director State Building Commission Austin, Texas OpinionNo, 

### W-1518
Re: Whether appropriated funds are~available to pay the fees asset forth in submltted PurchasingVoucher to Robert L. Burns for conductDear Mr. Nieman: ing condemnationproceedings.

You have requested the opinion of thisoffice concerning the payment of a claim for professional services rendered to the State Builaing Commission in its land acquisitionprogram. According to the~informationcontained in your request, this claim is for professionaI services rendered the State Building Cominl$slon in condemnationproceedings and otherrelated matters. The Comptrollerof Public Accountshas refused to pay the claim out of an appropriation expiring August 31, 1960. The claim was sworn to th 12th d bDiyoZ on SepZmmboer 1 f Sei tember, 1962, and approved for payment 1962, and presented to the Comptroller for payment during the'month of September, 1962.

The contract in question is valid. OpinionNo. W-978 (1961). Attorney General's No question, however, is raised concerning the validity of the contract nor the validity of the claim presented. The only question raised is whether this particular claimmay be paid out of an appropriation expiring August 

### 31, 1960. In Attorney General's Opinion No.w-978 (1961) it was held, "thisbeing the case, the Comptroller is authorized to make payments for these services lar to those presented in the instant casg, 6services simisu ject to the restrictionsof Article 

### 4357,Vernon's Civil Statutes.

Article 

### 4357,Vernon's Civil Statutes,provides that:
"No claim shallbe paid from appropriationsunless presented to the ComptrollerHon. H. R. Nieman, Jr., page 2 

### (w-1518)

for payment ,withintwo years from the close of the fiscal year for which such appropriationswere made. Any claim not presented for payment within such period may be presented to the Legislatureas other claims for which no appropriations are available."
You are therefore advised that the Comptroller of Public Accounts is not authorized to pay the claim submittedwith your request out of appropriationsexpiring on August 

### 31, 1960,since such claimxas not presentedwithin "two years from the close of the fiscal year@gust 

### 31, 196q."

It Is noted that Article 

### 4357also provides:
"It is specificallyprovided,however, that as to all appropriations relating to new construction contracts, and to repair and remodelingprojectswhich exceed the sum of Twenty Thousand Dollars ($20,000.00), Including in either Instance furniture and other equipment,architects' and engineering fees and other related costs, any claim may be presented for payment within four (4) years fromthe close of the fiscal year for which such appropriationswere made." These last quotedprovisions,however, have no application to the claim Involved in your request, since~theclaim does not involve "new construction contracts"nor "repair or remodelingprojects." Instead, the claim Involves professional services rendered in the acquisition of land.

This office does not have sufficient informationbefore It to determinewhether the payment of this claimmay be payable out of an unexpired appropriationor whether this claim must be presented to the Legislature for payment. You are therefore further advised that this opinion Is limited strictly to the question of whether this claim Is payable out of an appropriation which expired on August 

### 31, 1960.

SUMMARY The Comptroller of PublicAccounts is not authorized to issue a warrant in payment of a claim presented toI

Hon. H. R. Nieman, Jr., Page 3 (w-1518)

him in September, 

### 1962,against an appropriationwhlch~explredon August 31, 

### 1960. Article 

### 4357, Vernon's Civil Statutes.

Yours very truly,
WILL WILSON Attorney General of Texas

Assistant JR:mkh:ms APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman
PatBailey Dudley McCalla Norman Suarez Tom Peterson REVIEWED FOR THE ATTORNEY GENERAL By: Leonard Passmore