J'+' 13, 1953 

Hon. Homers Garrison, Jr., ;Director~ 

Texas Department ‘of Pnblic Safety ” ’ 

Camp Mi+ry:-: *:~ 

.’ 

Austin~?fexas .^ 

Qpblion.No. s-q;:, 

.<^ 7.c Re:’ L . . 

Legality of the’ Department of 

Public Safety. purchasihg~; maintaining,’ and operat~ing ‘an unL 

limited numbers of passenger ‘: 

czirrylng vehicles equipped ~w~ith 

two-way rad$os,%nd .usea. to safeguard public safetyand public 

property or to,;enforce criminal 

laws. : ._ 

.‘, Dear Co@l.~Garrison: 

YOU have submitted tw6 questi,ons~, concerning interpret&on of: S.ection 9 .of~ Art.icle VI, ~ChLpter. 81,;: Acts 

of the 53rd Legislature (House Bill Ro; ill), the general 

appropriation act for the biennium begianing September 1, 

1953. That section is as follows: 

. ..’ 

"Sec. 9. Passenger vehicles. 

“a. None of the moneys appropriated in 

~~ this, Act may be expended for the purchase of. 

pa~ssenger ‘cars or of airplanes designed for 

-.passenger transportation unless authority to 

~,. do so is explicitly stated by the language of. 

’ ‘thIsAct. . . Moreover, none of then moneys appropriated in this Act may be expended for the 

.’ ,!!, maintenance or operation of any State-owned 

.‘. passenger car or airplane designed for passenger transportation unless the authority to do 

.~_ and the Ilumber of oassen”er cars or air-. 

ii&es to be maintained and boperated are ax& 

plicitly stated by the language of this Act. 

Where the language of this Act explicitly 

authorized the maintenance and operation of a 

specified number of State-owned passenger cars 
- - 

~~$$on. Homer Garrison, Jr., page 2 (s-69) 

by an agency of the State, such agency 

file with the Comptroller by Sept. 15, 

list identifying the passenger cars to 

shall 

t-53 a 

maintained and operated’ and none of the funds 

appropriated by this Act shall be available to 

such agency for expenditure unless and until 

such list has been filed. The list also shall 

be amended and corrected by such agency from 

time to time as the identity of passenger .cars 

being maintained and operated within the prescribed limitation changes during the biennium. 

“b. Only the following passenger-carrying 

vehicles are exempt from the restrictions on 

purchase maintenance and operation specified in 

this set 4 ion: panel, pick-up and delivery trucks 

and trucks required for the conveyance of special 

equipment; motorcycle delivery units; dual-control automobile,s used exclusively for driver trv&- 

Lng; passenger cars equipped with two-way radios, 

motorcycles, jeeps,~ and boats needed, and used 

for fire prevention, fire-fighting and other ac- 

)> tivities for safeguarding public safety, public. .;, .~:;-: 

property, or for criminal law enforcement. ambu- 

: lances or other passenger vehicles specially 

. eq~p~ed%+nd regularly.‘used for ambulance. serv- ~,, ~~ 

; ices; bus~e,s’.and station-wagons regularly used UT .: i 

~for~ ,the mass transportation ~of numbers of ‘people ,:’ .i’ 

and’ essenti&’ ‘to the ,efficient management -oft the :+‘: 

operating agency of ‘then State. .~ .’ 

“Ct. In those Instances -whe’re the language 

of this .Act,..~expllcit,ly authorizes .the purchase 

of passenger.. cars 

so authorized 

none of the appropriated funds 

sha i lube .expended for the purchase 

of a passenger ‘car’ having a wheel base in .ex$,ess 

of 117 ‘inches; provided however, that ‘if ~passengerm scars of longer, wheel base ‘, are offered at’Xower 

prices, the Board of Control may purchase .same.:” 

T’en s$sedifl& line’ item ap ro&iations to’Vyour aepartment ti&er ‘Chapter, 81 (# 72 71: ~128 130 155 '~157 185 

187, 203 and 205) contain language ~a?Wior~zing’eith& p&has: 

or maintenance‘ and .operation of specified number,s of passenger 

cars, trucks, ,motorcydlesj~ airplanes; ,and one boat-by your various divisions. 

Tour letter st.ates:~ 
” . 

Hon. Homer Garrison, Jr., page 3 (~-69) $265 

“It is our opinion that none of the provisions of Sec. 9a are applicable to the Departmentof Public Safety because of the 

exceptions indicated In Sec. 9b; and further, 

that the only limitations on purchase, operation, or maintenance of vehicles of the Department are the amounts appropriated for the 

purpose. 

“The Comptroller Is of the opinion that the 

line items govern and that no vehicles in excess of those indicated can be purchased, 

maintained or operated. 

.“In view of these conflicting opinions your 

opinion is respectfully requested of the following : 

“1. Do the restrictions on purchase, 

maintenance and operation of passengercarrying vehicles which appear in Sec. 

9a of Art. VI of House Bill 111, Acts 

of the 53rd Legislature apply to the 

Texas Department of Pub&c Safety. 

"2. May the funds appropriated for such 

purposes by House Bill 111 be used by 

the Department of Public Safety for the 

purchase, maintenance and operation of 

vehicles in excess of the quantities 

listed in the line Items of the appropriation bill?11 

In our opinion the provisions of Section 9a (and 

9c) as a matter of law definitely do apply to the Texas 

Department of Public Safety. By the clear terms of this 

general rider the limitations of Section 9 apply to &~%oneys appropriated in this Act” for the purchase, maintenance 

and operation of passenger cars and airplanes designed for 

passenger transportation. The only passenger cars and alrPlanes to which the limitations of Section 9 do not apply 

are those which are specially exempted by Section 9b. 

Your first question appears to be based on the premise that all vehicles used by your department are within the 

exempted classes as a matter of law. We cannot accept this 

Premise. Whether a given passenger car is “equipped” with a 

two-way radio and whether any given vehicle is %eededl* and 
-Hon. Homer Garrison, Jr.; page 4 (s-69) 

fJsGb 

"used" for any of the specified purposes are fact questions. 

We are required to interpret exemptive language strictly. 

Consequently, in our opinion Section 9b contemplates that 

the particular vehicles must be needed.and used directlv in 

carrying out an exempt function. This view precludes a 

holding that because the principal responsibilities of your 

department relate to safeguarding public safety,and public 

property and to criminal law enforcement, every vehicle purchased, maintained or operated by you Is exempt as a matter 

of law. 

In response to~your second question it is the 

-opinion of this office that the ,funds appropr i ated in the ten 

items mentioned above may be used for the purchase, malntenante and operation of vehicles in excess of the quantities 

specified in those Items. We reach this conclusion on the 

basis of the Legislature's directive in Section 9b that certain exempt vehicles are not subject to the "restrictions on 

purchase, maintenance and operation soecified fin this section." 

You are aware, of;coursej that an express specification of 

quantity~.is one of the primary "restrictions . . . specified 

in this sectiontl, and that except for.the restrictions lmposed in Section 9 

tity nor an explic I 

neither anexpress specification of quan- 

‘r t statement of authority.to purchase, 

maintain or operate is a prerequisite to the validity of the 

appropriations for these Att'y,Gen. Op. Nos. V1296 (1951), v-1097 (1950?3$;3 (1944),, O-2669 (1940). 

These considerations compel the conclusion that it 

was the intention of the 53ra Legislature that vehicles of 

the exempt classes should.not be subject, to theespecial llmitations imposed by Section 9. Consequently, having this view 

about the general Intention of the authors of the ten specific line Items inquired about, it is our opinionthat, within the limits of the ,funds appropriated,' you may purchase, 

maintain and operate an unlimited number of~exempt vehicles 

in addition to the specifiednumber, of vehicles stated,ther~ein. 

The relatively large, quantities of vehicles specified in the ten appropriation items ~to.your department would 

seem to indicate that the Legislature's speclfication~of,quantities in your case may have been intended to comprehend both 

exempt and non-exempt vehicles. 

opinion is so reasoned. 

Undoubtedly, the Corn troller's 

Without considering Chapter E 1 as a 

whole we would be inclined to ~agree. But a comparison of appropriations for these purpos~es made by Chapter 81 to other 
Hon. Homer Garrison, Jr., page 5 G-69) 26” 

executive agencies * especially those to the Prison System 

and the Game and F&.h Commission, convinces us that the 

53ra Legislature was aware of the effect of,Article VI, Section 9b of this Act and uniformly specified only non-exempt 

vehicles. 

Moreover, we are persuaded that our construction 

of the appropriations here involved is more in keeping with 

the apparent purpose of Section 9b to continue to permit 

maximum flexibility in the use of funds appropriated for exempted functions while closely limiting the use of funds 

appropriated for purchase, maintenance and operation of passenger vehicles to be used by state agencies for non-exempt 

fmctions. 

SUMMARY 

The restrictions imposed by Section 9 of Article VI of the general ap ropriation act for the 

next biennium, (Chapter 8 1, Acts of the 53rd Legis- 

~lature) apply to purchases, maintenance and operation of passenger cars and airplanes by the Department.of Public Safety which are not exempt as a 

matter of fact by the terms of Section 9c. The quantities of automobiles specified in the appropriations to the Department refer to non-exempt vehicles 

only and do not constitute limitations on the purchase, maintenance and operation of exempt vehicles 

with appropriated funds. 

APPROVED: Yours very truly, 

C. K. Richards JOHN BEN SHEPPERD 

Appellate Division Attorney General 

Willis E.: Gresham 

Reviewer 

Burnell Waldrep 

Executive Assistant 

B51ii*RS 

Assistant 

John Ben Shepperd 

Attorney General 

* Acts, 53rd Leg., 

and Fish Commission), 

Ch; 81, p. 127, p. 207 - item 11 (Game 

222 (Highway Dept.) 

p. 210-item 22 (Governor's Office), p* 

28%286-items 50, 5i, 

p. 267-item 167 (Prison System), and PO 

57, 58, 130, 131 (Railroad Comm.). 

PR:wb