. 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Iionorabro narry Knox 

State Boarcl of Control 

Austin, Tcxae 

Dear Oenoral Knox: 

or emergemy 

And relatsd 

of date 

elature, Regular 

161 of tho print& 

er tbo heading 

~00~8~ appropriated 

0.00 for oath of the 

and speoificatlons have boen prcStats Board of Control upon re-~ 

e Department 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 siarry Knox - Page a 

'Al'ticle 4361, 23vised Civil Statut36, 

provi.d~s for the issuance by Lho Governor of 

the Stat0 of Texas of deficiency warrants to 

cover deficiencies or emerg3ncios as therein 

described. 

l Qa %stl.0n No .1 . Are deficiency or 

emcrgnncy warrants Issued by tho Governor by 

virtue of Art1013 4261, Devised Civil Btatutos, 

in th3 ~1~8 Of apprOX%matQly '~6,OOO.OO to make 

such repairs axxl reoonstruction 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 Oft this 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 a binding obligation or valid liabllitg of the 5tat3 Of Texas. This, hOiWP%*, is a goneral 

statement of an abstract &?roposition of law. 
Honorable Ear&j Knox - Page 3 

It does not iOll0W that the set of the Governor 

in approving the epewaiiio request 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 not adequate and altogather euf?lo&ent for offiae rent. There 

is, therefore, no dsticlenoy of revenues ahoxn ulth 

reepfmt to this Item. 

a defioienciy am 

In Opinion Ho. O-2112 xe defined 

l a shortage or insdequaoy In a sum or 

thud. by xhich test there ie no shortage or inadequacy 

of the ap~roprlatlon for otfloe rent. 66 that, ynrr ooncreto question Bo; 1 should be ausmred *PO.@ 

2. Item 11 of the general item of Xalntenanoe 

and h.isoellaneous ia $NJOO.OO for each year. Thle item 

might, in a proper ca8er be aupplowznted by a defioienay 

xarrant to supply e l oanual deficiency 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 of a building Sor oooupancy aould be within 

th.3 alqropriation 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 arul the like,are not ahOWn to hnve arisen oinoe th0 

adjournment of the Legislature, and if not of such recent origin, the Lqislature had ample BWUM and opportunity of poviding for needed repairs, remodeling, and 

the like, and tt has not done so. 
Eonarable Harry Knox - Page 4 

Yoreover, In no event could a daflcieney warrant be authoriced or 18eued except to eupply nesded 

~twemaee until the en4 oi fbe ourrent flaaal year, or 

the meetbg of the Legirlature, w?alehe+er secure ?%rat. 

So that, your guo6fioB lo. 8 should llkewioe 

be amwere& III the aegatlte.