.



### OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN



### Iionorabro

narryKnox StateBoarcl

of Control Austin, Tcxae



### Dear Oenoral Knox:
or emergemy

And relatsd

ofdate

elature, Regular 161 of tho print&
er tboheading ~00~8~ appropriated 0.00 for oath of the

and speoificatlons have boen prcStats Board of Control upon re-~ eDepartment of Public Welfare building at Camp Uabry,

rqdrad and rein a oondltion for occupancy by the said Dopartmont of Public ;Yqfaro for tho remaining portion of this biennium after tbs complation of such rqairs,
and thorcaftar,Honorable siarryKnox - Page a

'Al'ticle4361, 23vised Civil Statut36, provi.d~sfor the issuance by LhoGovernor of the Stat0 of Texas of deficiency warrants to
cover deficiencies or emerg3ncios as therein described.



### lQa%stl.0n

No. 1. Are deficiency or emcrgnncy warrants Issued by tho Governor by virtue of Art1013 4261, Devised Civil Btatutos, in th3 ~1~8Of apprOX%matQly '~6,OOO.OO to make such repairs axxlreoonstruction work at Camp habry legal and binding obligations of the State of 

### Texas.

'Question No. 2. Assuming that there remains approximately $26OO.O0 in item 11 'contingent 3xpense* of the appropriation to the Department cf Publio Welfare and after the expenditure Oftthis BUD Of ap~oximately $26OO.OO by the Dapartment of Public W3lfare in msking such ropaire, improvements, etc., then m&y the Governor of Texas issue legal and binding deflciency or emergency warrants in the sum of approximately $25,000.00 to supplement such *oontingent expense' approprlatlon, and would such emergency and deficiency warrants be bindlng obligations again& the Stat3 of Texas if
so issued?"

In Opinion Ho. O-2118 we quite reoently advised Governor O*Dan%el with respeot to his authority to grant deficiency appropriations Or approve requests for defloiewy warrants. The principles announced in that opinion am controlling of the questions propounded **by** you, and a aopy of the oDinion im enclosed herewith.

Apply- tho rules and reasoning announoed in Opinion No. o-2118, we ausHer your questions as followe:

1. A request for a doficisncg warrant approved by tho Governor, acting within tho scope of his powers conferred by Article III, Section 49 of the Constitution, and Articles 4351 and 435la of Rsvis& Civil Statutes 

### of Texas would create abinding obligation or valid liabllitg of the 5tat3 Of Texas. This, hOiWP%*, is a goneral statement of an abstract &?ropositionof law.Honorable Ear&j Knox - Page 3

It does not iOll0W that the set of the Governor in approving the epewaiiiorequest Pentioned by you would create such obligation 

### or liability against the State. It would not do so unless the speoifio request 

### or olpin is rithin the Oonstitution and statutes~authorleing defiolenag Rarrants to supply casual deficiencies of rwemle.

Item 1 of the apwopriation for Uaintenanoe ah Uiwellaneouo 10, as you state,Q11.200.00 

### for each peer of the fisOs1 biennium. There 6 no s2ggestlon or oontention rhataosrer thrt this appropriation la 

### notadequate and 

### altogathereuf?lo&ent 

### for offiae rent. There is, therefore, no dsticlenoy of revenues ahoxn ulth reepfmt to this Item. a defioienciyam In Opinion Ho. O-2112 xe defined



### l a shortage 

### orinsdequaoy In a sum or thud. by xhich test there ie no shortage or inadequacy of the ap~roprlatlon for otfloe rent. 66 that, 

### ynrr oon

### cretoquestion Bo; 1 should be ausmred *PO.@

2. Item 11 of the general item of Xalntenanoe and h.isoellaneousia $NJOO.OO for each year. 

### Thleitem might, in a proper ca8er be aupplowznted by a defioienay xarrant to supply e 

### l 

### oanualdeficiency in the rwenue thus appropriated.m

In Opinion go. O-2132 we defined *oasual derlcioncys as son 

### unforsaeen’arrd unexpeoted dofioienoy -- an tisuffioienoy or lack of funds to meet E situation which uuexpeotedly develop8 apd requires the immediate attention at a tAma when the Legislature -- the usual authority -- Is unable to aot.a There ie no much casual deficiency shovn in the situation outlined by you.

Wanting that tho repalring, revamping or oondltioning 

### ofabuilding Sor oooupancy aould be within th.3alqropriation for contingencies, this would not authorize a deficiency warrant, unlaoa such deficiency of rcvoniios VGS due to casualty. The aonditfon of this builddug, axd the consequent need of 

### rcpairb, ooxditioning arulthe like,are not ahOWn to hnve arisen 

### oinoe th0 adjournment of the Legislature, and if 

### notof such 

### recent origin, the Lqislature had ample BWUM 

### andopportunity of poviding for needed repairs, remodeling, and the like, and tt has not done so.

### EonarableHarryKnox-Page4

Yoreover,Innoeventcouldadaflcieneywarrantbe 

### authoricedor 18eued 

### exceptto eupply nesded 

### ~twemaeeuntiltheen4oifbeourrentflaaalyear,or themeetbg oftheLegirlature,w?alehe+er secure?%rat.

So 

### that,your guo6fioB lo. 8 should llkewioe be amwere& III the aegatlte.