THEAT&-ORNEYGENERAL 

OF TEXAS 

Ronorable Robert S. Calvert 

Comptroller of Pub110 Acoounts 

Capitol Station 

Aus tin, Texas 

Opinion No. W 142 

Re: Construction of Appropriation contained in 

Section 7 of Senate 

Bill 222 of the 55th 

Legislature -- the 

Dear Mr. Calvert: 

insurance reorganieation 

bills 

Your request for an opinion on the certifloation of 

Senate Bill 222 reads as follows: 

‘1 have before me Senate Bill Flo. 222 for 

certification under 8ectfon 49a of Article III 

of the State Constitution. Before placing my 

certificate upon thie bill, I derlre your interpretation of the language In Sec. 7 thereof, 

which Is quoted, in pert, below; 

not 

‘There $8 hereby appropriated to the 8tate 

Building Commission for the period of time 

beginni 

Augurt 3, “ft 

September 1, ‘1957. and endlngg 

1959, to obtain a site, plan, 

design, construct aad equip an office bullding or ‘otherwise obtain adequate housing 

fa&ilities to house the State Board of 

Insurance, ita offioes and employees, all 

unexpended balancea on hand or in special 

funds credited to the 8tate Board of 

Insurance Conm~issionera or the State Board 

of Iasuranoe~ on Augus th$ 

monies appropriated exclusively ‘for other 

purposes In the General Appropriation Bill 

for the fiscal years ending August 31; 1958 

and August 31, 1959. t (Underscorlng supplied). 

%he specific question before me Is whether or 

the revenues derived under Articles 7064 and 
. 

I, 

: 

: 

. 

0, 

. 

. 

. 

Bonorable Robert 3. Caliert,’ page 2 Wi-142 

part, as 

part, as 

7064a of the Revfsed~Clvll Statutes are included 

In the language underscored above, and, if bo, do 

such revenues Oome within the except&"ed,” 

Articlie 7064 Vernon’s Clvll Statutes, izovidcm, in 

follows: 

?Jpoti +ceipt by the l$oard of’ Insurance 

Ct+uisaloaeqs of the sworn statements, showin# tha 

gross, premium receipts by sudh Insurance callrlera,~ 

the Boar4 of Insurance Commission&s shall certify 

to the State Treasurer the amount of taxes 

Carrie? apall receive a permit to do.buslneas in 

this. State untfl all such taxes are paid,” 

(Bmphasir buPs -) 

Article 7064a Vernonl~s Civil Statutea prkidee, la 

follows 8 

“Upon receipt by it of the swan statement 

above provided, the Board of Insurance Comissioners 

shall certify to the State .Treasurer the amount of 

Since. the’ revenue ‘derived under Article 7064’ and 

Article 7064a are taxes required to be paid to the State Treea;- 

,wer, ,such .revenues are not revenues received by the,,State, 

Board of Insurance. 

SiMARY 

Revenues derived under Article& 7061 and 

7064a, Vernon’s Ciyll Statutes, are not 

appropriated to the State Building Commlsslon 

in Section 7 of Skate Bill 222 of the 55th 

Legislature s,ince such revenues are taxes to 

be paid to the,State Treasurer and are,:not 

revenue8 received by the State Board of 

Insurance. 

. 

: 
Honorable Robert 3. Calvert, page 3 Wf-142 

Yours very truly, 

w1lJ.l WIlBON 

Attorney General of Texar 

JR:jas: rh 

APPRCVRDI 

OPINION CONNITTElC 

H. Orady’Chaadler, CheirnI8n 

J. C. Davis Jr. 

Wayland C. hvers , Jr. 

B H. Tlm~Ur, Jr. 

RRVIRUZD FOR TRR ATTORRRY GlUU!RAL 

By: 000. P. Blaokburn