December 31, 1962 

Honorable H. R. Nieman, Jr. 

Executive Director 

State Building Commission 

Austin, Texas 

Opinion No, W-1518 

Re: Whether appropriated funds 

are~available to pay the 

fees asset forth in submltted Purchasing Voucher to 

Robert L. Burns for conductDear Mr. Nieman: ing condemnation proceedings. 

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 acquisition program. According to the ~information contained in your request, this claim is for professionaI services 

rendered the State Building Cominl$slon in condemnation proceedings and otherrelated matters. The Comptroller of 

Public Accounts has refused to pay the claim out of an appropriation expiring August 31, 1960. The claim was sworn to 

th 12th d 

bDi yoZ on SepZmmboer f Sei 1 

tember, 196 2, and approved for payment 

1962, and presented to the Comptroller 

for payment during the'month of September, 1962. 

The contract in question is valid. 

Opinion No. 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 claim may be paid out of an appropriation expiring 

August 31, 1960. In Attorney General's Opinion No. w-978 

(1961) it was held, "this being the case, the Comptroller is 

authorized to make payments for these services 

lar to those presented in the instant casg, 6 

services simisu ject to the 

restrictions of Article 4357, Vernon's Civil Statutes. 

Article 4357, Vernon's Civil Statutes, provides that: 

"No claim shall be paid from appropriations unless presented to the Comptroller 
Hon. H. R. Nieman, Jr., page 2 (w-1518) 

for payment ,within two years from the 

close of the fiscal year for which such 

appropriations were made. Any claim not 

presented for payment within such period 

may be presented to the Legislature as 

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 submitted with 

your request out of appropriations expiring on August 31, 

1960, since such claim xas not presented within "two years 

from the close of the fiscal year @gust 31, 196q." 

It Is noted that Article 4357 also provides: 

"It is specifically provided, however, 

that as to all appropriations relating to 

new construction contracts, and to repair 

and remodeling projects which 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 from the close of the fiscal year for 

which such appropriations were made." 

These last quoted provisions, however, have no application to the claim Involved in your request, since ~the claim 

does not involve "new construction contracts" nor "repair 

or remodeling projects." Instead, the claim Involves professional services rendered in the acquisition of land. 

This office does not have sufficient information before 

It to determine whether the payment of this claim may be payable out of an unexpired appropriation or 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 Public Accounts 

is not authorized to issue a warrant 

in payment of a claim presented to 
I 

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

him in September, 1962, against 

an appropriation whlch~explred on 

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 

Pat Bailey 

Dudley McCalla 

Norman Suarez 

Tom Peterson 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Leonard Passmore