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OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Hon. H. d. Eartee, Seorotery 

Stat8 Bosrd ot Bnrbor Exotiners 

hUl+)iU, T8X88 

Dear Sir: 

Tbi8 will soknow 

Aa$ust Sf8, 1939. 

ml8 lulloulag 

lottert 

IL08 In the E?arBep Ylml, a 

00 to aover t&e d8rioioaey 

nt Set, INid for the fhKt#iT0118r t0 pay 

tats of raots par &84X% Obo opinioa 

On the fOllOi& qU8etiafWI 

"(1) Ii this Dspartment dm~ld tSl0 elalas 

lot msl~riee and other arp8ns8~ inousrad durir~& 

this tisoal year against mid maaunt of &W.60 

prior to the reoeipt of the balmwe of tha, dariaienop olaias by the Oomptrallsr, Qan t&s Ocmptrollor rpprove them olelas to bc, pal6 gut OS 

this z*raainlna, bslanoe? 
“(2) Inamauch aa this obllgatlon ma Incurred durln~ the fiscal year 1935-37 and appropriated during the? year 193cj-39, said appropriation bill not nentioning whsn or fro&.rh8t 

funds lt should be paid, can the balanoo of 

this defiei8noy cl&t be paid froze the revmu 

received by this Departmant during the fiscal 

yoar 1939-407" 

The d8fiOienCy bill Of the 46th LegIal8tUr8, 

above referred to, apprOpriata@ VOUt Of moneys in the 

.State TroaSurp not otherwise appropriated to pay th8 dsfIoI8noy grant88 by the Governor," *Barber Lxaminere -- 

Tr8v81 ~X"rpeIlE88 -- $600.00" 

All fee0 an& other r808Ipts 00118Ot8d by th8 

Stat8 Barber Bonrd and daposIt8C In the Stat8 Board Of 

Barber Ex8nfn8r*o Fund, during and for the fiEoa1 ysare 

ending August 31, 19SS, and Au&at 91, 1939, 18s~ transfers to the General Fund as provided by statute 8nd th6 

appropriation bill togather wfth 8ny balrao8a on hand, 

were appropriated in the Departmntal Appropriation Bill 

Of the 45th L8gi614tUre, R8guhr S86SiOn, for th8 payment 

Of VariOUa 8XDenditUr8a for aalarlss and other sxpensoa 

it8UiZ8d and authorized therein in th8 total eun Oi 

$BB,&?O.OO for eaoh yeer of the biennium. 

Your 18tter stat88 that your iMpartim8nt has 

not spsat its entir8 appropriation for the biennium, but 

ha8 merely eXhaUat8d its oeeh balanos. 

Sin08 ths $%%7.50 oa6h balanoe in the State 

Board of Barbsr Hraminers Fund, aet aaid by the Comptroller to pay the dsfioisnay appropriation, had already 

been woth8mIse approprIateda by the 45th Legielature 

for tha payment of oertafn ourrent erpsnsee of the Department for t&e bi8nniUSS of 1937-39, 'ths Conptrollsr should 

not h5vs set aside this $E99,50 for th8 payment of the 

d8fiOi8nOy appropriation, but should approve valid 018im6 

for current expens8a wIthIn the appropriatloa ma&e.by 

the 45thT.8gieleturs during the bI8ZUXiIU3 of 193769, to 

be p8ld out of this rsmaIaing.ba~anoe. 

AnawerIng your seoond qusstfon, YOU nr8 advised 

that, in ,vlew of aonelrtent Legleletlve pmotioe to direot 

that epproprietlone ehall be paid out of d8aignat8d apeOla1 

funds when intending that this ehall be >ha manner and 

method of pem%ot, and t0 dir8Ot payR!3Ot Out Of th8 G8n8ral 
Ron. N. f. Zartez, Page 3. 

Revenue Fund by use of the words “approprleted out of any 

moneys in the State Treasury not otherwise appropriated,” 

this der~oiency appropriation in to be regarded as 8 

direction to pay out of the General Rereme Fund, and 

there iS Xl0 18pfslatiVQ authority for its JXQ’fWlt Out Of 

speolal runds. 

Trusting that this sufficiently answers your 

Inquiry, we beg to resialn 

YOUr8 VQrJr tl-dj 

ATTORI'fRYIOXRAL OFTXXAS 

R. W. Falrohild 

* AsSiStaflt 

APafY& .. 

ATTORNEY GENERAL OF 'pm6 

n 

APPRim OPlNlON 

COMMITMS