THE ATTORNEY GENERAL 

OF ‘TEXAS 

AUSITIN, TKKAs 78711 

! 

May 20, 1975 

The Honorable Chet Brooks 

chairman 

Joint Committee on Prison Reform 

Senate Chamber 

Aurtin. Texas 78711 

Dear Senator Brooks: 

Opinion No. H-611 

Re: Use of certain line item 

appropriations by the Texas 

Department of Corrections. 

You have requested our opinion regarding the use of certain line 

item appropriations by the Texas Department of Corrections. 

Your firat question aeks what constraints a specific line item 

appropriation for a specific construction project plsces on the Department 

of Corrections, and whether expenditures on other construction projects 

are permissible. A line item appropriation must be expended only for 

the purpose designated therein, subject to any riders applicable to the 

appropriationfor the particular agency and subject further to any relevant 

general provisions in the Appropriations Act. Attorney General Letter 

Advisory No. 2 (1973); Attorney General Opinions H-444(1974); M-999 

(1971); O-4769 (1942). As to appropriations for specific construction 

projects of the Department, the Act contains the following provisions 

in Article III;Acts 1973, 63rd Leg., ch. 659, p. 1948. 

The amounts indicated as ‘Building Appropriations’ 

hereinabove areappropriated subject to construction 

and completion of said projects by the use of prison 

labor insofar as possible. 

. . * . 

Any unexpended balances remaining in projects under 

the respective items for Building Appropriations may, 

p. 2705 
The Honorable’ Chet Brooks page 2 (H-611) 

with the approval of the Board of Corrections, 

be transferred and used for the purposes of 

completing construction of other projects enumerated 

in the same item; provided, however, that copies of 

such approvals and copies of requests for Comptroller’s 

action on such transfers shall be filed with the Governor 

and the Legislative Budget Board. 

Thus, the unexpended balances remaining from appropriations, 

authorized for specific construction projects may be used for completing 

construction of other projects, provided that such projects are enumerated 

in the same item: provided that the approval of the Board of Corrections 

is obtained; and provided that copies of such approvals and copies of 

requests for Comptroller’s action on the transfer of such funds are filed 

with the Governor and with the Legislative Budget Board. Unless it has 

complied with these requirements, the Department may not use the 

unexpended balances appropriated for building construction for completion of any other project. 

Your second question asks about the procedure for authorizing 

construction of “other” projects as contemplated by the rider, and 

whether a “report” approved by the Board of Corrections after a 

construction project is substantially complete can adequately serve as 

evidence of the “approval” the rider requires. 

The rider does not require that the approval of the Board of 

Corrections be evidenced by a particular writing, but that “copies of 

such approvals ” be filed with the Governor and the Legislative Budget 

Board. As couched in general appropriation acts prior to 1973, the 

rider required that expenditures on “other” projects be approved by 

the Governor rather than the Board of Corrections and that copies of 

the Governor’s approval were to be filed with the Legislative Budget 

Board; but in Attorney General Opinion M-1199 (1972), with reference 

to that rider, it was said on page 5: 

That portion of the rider requiring the Governor’s 

approval is invalid: such approval cannot be required, 

but that portion requiring filing of information with 

Budget Board is valid. M-1141 and V-1254. The agency 

Board must vote the transfer of funds. (Emphasis added). 

p. 2706 
The Honorable Chet Brooks page 3 (H-611) 

The purpose of the ;‘filing” provision is to acquaint the Governor 

and the Budget Board with the use to which the funds will be put. However, 

we cannot say that a project was not properly authorized merely because 

the evidence of “approval” filed was in some form other than a resolution 

of the Board of Corrections to transfer the funds. Whether or not a 

project was actually approved is a question of fact. 

Your third question asks if an appropriation for “capital outlay” 

can be expended on building construction. Section 10 of Article V of the 

current general appropriation act specifies; Acts 1973, supra at p. 2202. 

Funds appropriated . . . in items designated 

for . . . capital outlay . . . shall be expended 

only for items set out in the Comptroller’s 

Manual of Accounts, Expenditure Classification, 

effective November 1, 1965, as amended, and 

numbered . . . 60 to 69 for ‘capital outlay. ’ 

Expenditure classification no. 68 from the Manual of Accounts 

is “Building Purchased, Constructed or Remodeled” the purpose of 

which is described by the manual: 

. . . to record payment for materials and/or 

contract labor for construction or remodeling 

of state owned buildings. Does not include payments for repair or maintenance jobs. 

We answer your third question in the affirmative. 

Your last question inquires as to whether the funds appropriated 

for “classified salaries” may be expended in any other manner. A rider 

to the Department of Corrections appropriation in Article III provides: 

From the line appropriation for Salaries of 

Classified Positions the Department of Corrections is authorized to purchase electronic security 

devices for installations on compoind fences to 

minimize security risks while reducing the number 

of officers required to man outside pickets, provided that the purchase of those devices will not 

necessitate any supplemental or additional appropriation out of any funds of this State. Acts 1973, ~upra at 1950. 

p. 2707 
--. * 

The Honorable Chet Brooks page 4 (H-611) 

Furthermore, a general rider in Article V of the Appropriations Act 

states that; Acts 1973, supraat p. 2195: 

Appropriations for ‘Salaries of Classified Positions’ 

may also be used to pay the salaries of positions 

exempted from the Classification Plan by the Governor 

under authority granted in Section 2 of the Position 

Classification Act of 1961. Sec. l(t) 

Thus, the General Appropriations Act provides that the funds appropriated 

to the Department of Corrections for classified salaries may be expended 

to pay the salaries of positions exempted from the Classification Plan 

by the Governor, and, subject to the stated proviso, may be expended for 

the purchase of electronic security devices for installation on compound 

fences. 

SUMMARY 

A line item appi-opriation may be expended only 

for the purpose designated therein, subject to any 

riders applicable to the appropriation for the particular 

agency and subject further to any relevant general 

provisions in the Appropriations Act. Whether or not 

an agency action complies with the requirements of an 

Appropriations Act rider is sometimes a question of 

fact. Whether an expenditure is proper as a “capital 

outlay” is determined by the Comptroller’s Manual of 

Accounts, and Appropriation Act riders authorize the 

use4Dr certain other purposes of monies appropriated 

to the Department of Corrections for “classified salaries. ” 

Very truly yours, 

/ /JOHN L. HILL 

I/ Attorney General of Texas 

p. 2708 
The Honorahle Chet Brooks page 5 (H-611) 

DAVID &f. KENDALL, First Assistant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

lg 

p. 2709