### J'+'13,1953

Hon.Homers

Garrison, Jr., ;Director~ Texas Department ‘of Pnblic Safety ” ’ CampMi+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 numbersof 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:

YOUhave 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. Thatsection is as follows:

. ..’ 

### "Sec.9. Passenger vehicles.

“a. None of the moneys appropriated in

~~ this, Act maybe 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 thenmoneys appropriated in this Act maybe 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 Ilumberof 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. HomerGarrison, 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-53a 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 amendedand 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 ion:

4 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’.andstation-wagons regularly used UT .:i ~for~ ,the mass transportation ~ofnumbers of ‘people ,:’ .i’ and’essenti&’ ‘to the ,efficient management-oftthe :+‘: operating agency of ‘thenState. .~.’

“Ct. In those Instances -whe’rethe language of this .Act,..~expllcit,ly authorizes .the purchase of passenger.. cars so authorized none of the appropriated funds

shailube .expended for the purchase of a passenger ‘car’ having awheel base in .ex$,ess of 117 ‘inches; provided however, that ‘if ~passengerm scars of longer, wheel ‘, base are offered at’Xower prices, the Board of Control maypurchase .same.:” T’en s$sedifl& line’ item ap ro&iations to ’Vyour aepartment ti&er ‘Chapter, 81 (# 72 71: ~128 130 

### 155 '~157185 187,203and 205) contain language ~a?Wior~zing’eith& p&has: or maintenance‘ and.operation of specified number,sof passenger cars, trucks, ,motorcydlesj~ airplanes; ,andone 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 novehicles 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. Maythe 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. Wecannot accept this Premise. Whether a given passenger car is “equipped” with a two-way radio andwhether any given vehicle is %eededl* and-Hon. HomerGarrison, Jr.; page 4 

### (s-69)

fJsGb
"used" for any of the specified purposes are fact questions. Weare 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 ated in the ten i items mentioned above maybe used for the purchase, malntenante and operation of vehicles in excess of the quantities specified in those Items. Wereach 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. V

### 1296 (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 maypurchase, maintain and operate an unlimited numberof~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 seemto indicate that the Legislature's speclfication~of,quantities in your case mayhave been intended to comprehend both exempt and non-exempt vehicles. opinion is so reasoned. Undoubtedly, the Corntroller's Without considering Chapter E1 as a whole wewould be inclined to ~agree. But a comparison of appropriations for these purpos~es madeby Chapter 

### 81to otherHon. HomerGarrison, Jr., 

### page5 G-69) 

### 26”

executive agencies * especially those to the Prison System and the Gameand 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 maximumflexibility 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 81, 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 JOHNBENSHEPPERD 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