Mr. H. C. Pittman OpinionNo. WW-378

Chairman IndustrialAccident Board Re: Whether fundsprovided Austin, Texas in the Workmen's Compensation Fund, as created by House Bill No. 433, Chapter 397, Regular Session, 55th Legislature (Article 8306, Section 28 have been appropriated for the use of the IndusDear Mr. Plttman: trialAccidentBoard.

You have asked our opinion on whether fundsprovided in the Workmen's CompensationFund, as createdby House Bill 433 Chapter 397, Regular Session of 55th .Legislature, 1957, (#A&. 8306, Sec. 28, V. C. S.) have been appropriated for the use of the IndustrialAccident Board.

Such section reads: "Section 28. There is hereby established as a special fund, separate and apart from all public moneys or funds of this Sta'te, a Workmen's Compensation Fundwhich shall be used by the board for the purpose of paying costs of the administration of the law, in addition to amounts appropriatedby theLegislature of the State of Texas. The State Treasurer shallbe the treasurer and custodian of the fund. He shall administer such fund in accordancewith the directions of the board, and the Comptroller shall Issuewarrants upon It in accordancewith the dlrectl6ns of the board, In addition to all other taxes now being Paid, each stock company,mutual company,reciprocal, or inter-insuranceexchange or Lloyds Associationwriting Workmen's Compensation inSUP ante in this State, shall pay annually Into the State Treasury, for the use and benefit of the Workmen's CompensationFund, an amount equal to one-fourth (l/4) of one per cent (1%) of grossor. H. c. Pfttman, Page 2 (W-378)

premiums collectedby such company or associationdurfng the precedfng-year underuorlnnengscompensationpolicies written by such companies or asBWlation8 coveringrisks in this State according to the reports made to the Board of Insurance Commissionersas required by law. Said amount shall be collectedat the same time and in the samemanner as providedby law for the collection of taxes on gross premiums of such workmen's compensation insurance carriers..Failure to make any report required by this Section shall be punishableby Pine not to exceed-one Thousand Dollars ($1,000)and the failure to pay any tax wfthfnthfrty (30)days after same is due under this Section:.shall be punishableby a penalty of ten per cent (lO$) of the amount, and shallbe recovered by the Attorney Oene:ral In a suit broughtby him in the name of the State of Texas and such penaltieswhen collected shall be deposited in the State Treasury for the use and benefit of the WorkmenUs Compensation Fund." Sectfon 6, ArticleVIII, Constitution of Texas, provides 9n part as follows:

%o money shall be drawn from the Treasurybut in pursuanceof specificappropriationsmade by law; o . *v Section 49a,Article III, Constitutionof Texas, provides fn part as follows:

II e 0

. From and after January 1, 1945, no bill containingan appropriation shall be consideredas passed or be sent to the Qovernor for considerationunti:l. and unless the Comptroller of PublicAccounts endorseshis certificate thereon, showing that the amount appropriated is within the amount estimated to be available in the effected fund. e a en On May 27, 1957, the Comptroller of PublicAccounts certified that the amount appropriatedby Rouse Bill 433, Chapter 397, Regular Session, 55th Legislature,was within the amount estimated to be available In the effected funds pursuant to Sectfon 49a,Article III, Texas Constitution.Mr..

H. C Plttman, Page 3 (~~-378)

General legislationmay contain an appropriation which Is merely incidental to and necessary to carry out the subject and purpose of the general law. General's OpinionNo, w-96, (1957). Attorney

AttorneyGeneral's Opinion w-96, (1957) reaffirms thatwe should be governed by the ordinarily accepted meaning of theAppropriationBill and quotes as an acCepted definition the following:

"A setting apart from the public revenue of a certain sum of money for a specific object in such a manner that the executive officers of the government are authorl.zed

to use thatmoney and no more fr:i't&t

object and for no other." The section of the Act in question: (1) sets apart from the publicmane (29 s or funds of this State a SfuP;;;fiT3fund

of money; specifies the source of such establishes theuse and purpose to which said fund shallbe put; (4)provides for the adminlstratlonof such fundby the appropriateexecutive officers of this State; (5) instructs the Comptroller to Issuewarrants upon such fund In accordancewith the directions df the IndustrialAccidentBoard. It is clear the Legislature intended to appropriate the funds in question for the specifiedpurposes, and did set apart from the public revenue a certain sum of money for a specific object In such a manner that the Executive officers of the government are authorized to use thatmoney and no more for that object and for no other.

It is our opinion, and we so adviseyou, thatHouse Bill 433, Chapter 397, Regular Session, 55th Legislature (Art. 8306, Set, 28, V.CS ) appropriates funds there provided for the designateduse of the IndustrialAccidentBoard.

SUMMARY Funds provided in theWorkmen's Compensation Fund, as created by House Bill 433, Chapter 397, Regular Session, 55th Legislature, 1957, (Art. 8306, Set, 28, V.C.S.);Mr. H, C. Pittman, Page 4 (~~-378)

have been appropriated for the use of the Industrial Accident Board.

Yours truly,
WILL WILSON Attorney General of Texas

.,.,/John

Reeves (? Assistant

Tom I. McFarling Assistant TIM:JR:wam:mg APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Cecil C. Rotsch Jack Goodman Houghton Brownlee, Jr.
REVIEWED FOR THE ATTORNEY GENERAL By' We V. Geppert