October 20, 1970 

Hon. J. W. Edgar 

Commissioner 

Texas Education Agency 

201 E. 11th Street 

Austin, Texas 

Dear Dr. Edgar: 

Opinion No. M- 709 

Re: Whether the Legislature has 

appropriated funds to establish and maintain regional 

diagnostic facilities as authorized by Section 11.15 of 

the Texas Education Code, as 

amended, and related questions. 

You have requested an opinion concerning the above stated 

matter. We quote from your letter: 

"Section 5 of House Bill 156 (Code provision 

11.15), as amended by H.B. 432, 61st Leg., directs 

that the Commissioner of Education shall transmit 

to the 62nd Legislature an Interim report on the 

status of the research on the problem of diagnosin 

and treating language-handicapped children, and (2 7 

include in the report an itemized estimate of the 

money required to conclude research project satlsfactorily by August 31, 1972. In implementation of 

this research program contemplated by the Act, especially 

Section 11.15(h), subsections (2) and (3) of Texas 

Education Code, which call for the establishment and 

operation of at least three regional experimental 

diagnostic facillties,~and subsection (4) which 

authorizes the making of agreements toward the establishment thereof, we currently are confronted with a 

two-fold problem. 

"First8 Is there an appropriation to support the cost of establishment and operation 

of such regional facilities? 

"Second8 May subsection (4) of Section 11.15(h) 

T.E.C., be construed to empower the Texas Education Agency to contract with private firms, 

clinics or other acceptable associations for the 

performance of such experimental diagnostic 

treatment and program services, pursuant to Agency 

adopted regulations and/or guidelines? 

-3426- 
Hon. J. W. Edgar, page 2 (M-709) 

“The Office of State Comptroller has apprised 

this Agency orally that in the absence of an Attorney 

General ruling It could not honor requests of this 

Agency for warrants In payment of costs for the establishment and operation of such regional experimental 

diagnostic facilities, because there is no language in 

House Bill No. 156, as amended, or any other statute, 

which provides that such research program shall constitute a part of and be financed from the Foundation 

School Program or its Fund; and secondly, because there 

is no estimate or specified amount appropriated to the 

Texas Education Agency from the General Revenue Fund 

for such {eglonal and experimental diagnostic facilities 

purposes, 

The gist of the first question appears to be whether there 

is a specific appropriatlon.and prior authorization by the Legislature to pay the cost of the establishment and operation of the regional facilities mentioned in your request. 

Section 44 of Article III, Texas Constitution, requires 

pre-existing law as a base for a specific appropriation. Austin 

National Bank v. Sheppard, 123 ‘f&.272, 71 S.W.2d 242 (19341. 

Section 6 of ArtlcleVIII, Texas Constitution, requires 

that a.specific appropriation be made before money is drawn from 

the treasury. The definition of “specific” as set forth in Section 

6 was interpreted by the Texas Supreme Court In National Biscuit 

Company v. State, 134 Tex.293, 135 S.W.2d 687 (1940)r (page 6931 

“It is sufficient if the Legislature authorizes 

the expenditure by law, and spec;fles the purpose for 

which the appropriation Is made. 

In the instant case, House Bill No. 2, Aats 61st Leglslature, 2nd Called Session, 1969, p. 890 (last appropriations act) 

provides: 

“There is hereby appropriated for the biennium 

ending August 31, 1971 . . . to pay ‘the State’s part 

of the Foundation School Program as provided for in 

. . House Bill No. 156, Chapter 451, . Acts of 

the 60th Legislature, Regular Session, 19671 . . . 

“There Is hereby specifically appropriated out 

of moneys in the Qeneral Revenue Fund not otherwise 

appropriated the amount necessary to pay the full 

amounts contemplated and provided by Senate Bill 

-3427- 
Hon. J. W. Edgar, page 3~ (M-709) 

No. 117 . should there be Insufficient money 

in the fund lreated bv said Senate Bill No. 117 

to carry out the purposes and provisionsof 

Sedate Bill No. 117 . House Bill No. 156 . . 

The appiopriatlon above shall be ex- 

. 

v pen ed under - .” the .terms and provisions of said Senate 

Bill No. 117, supra, and the respective laws hereinabove cited 

respectively. 

House Bill No. 156 referred to in the above, Act .was 

codified ae Article 2654-lc, Vernon’s ,Civil Statutes, and later 

adopted in the Texas Education Code as Section 11.15. At the same 

time, as adopted In the Code It was amended by House Bill 432, Acts 

of the 6lst Legisiature, Regular Session, page, 228 (1969). The 

net effect of this legislation is that House Bill 156, as referred 

to In the above quoted sections of the Appropriation Act, is very 

much alive, and in our opinion serves as existing law upon which 

a specific appropriation was made by the Legislature In the last 

Appropriation Act. 

Your second question also requires an affirmative answer. 

The authority and obligations of Section 11.15(h) ,of the 

Texas Education Code was not affected by House Bill 432, supra, and 

said Section authorizes and requires the. Central Education Agency to 

establish a minimum number of experimental diagnostic facilities with 

advice from the advisory council. This same section of ~the Code, and 

also pertinent provisions of House Bill 432, specifically provide that 

the agency shall make necessary agreements and contacts to establish 

the diagnostic facilities, and further authority Is given to seek 

assistance of both public and private concerns to develop a program 

for such facllltles~ 

SUMMARY 

Prior law exists upon which a specific appropriation was made to pay the cost of establlshlng and operating regional experimental diagnostic 

clinics as contemplated by the “Barnes-Wright Study 

Act”, Article 2654-lc, Vernon’s Civil Statutes. 

Specific authority is given by Section 11.15(h) 

of the Texas Education Code for the Central Education 

Agency to contract with private firms to set up and 

operate the experimental diagnostic programs pursuant 

to Central Education Agency guidelines. 

-342a- 
Hon. J. W. Edgar, page 4 (M-709) 

D C. MARTIN 

Prepared by James C. McCoy 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Ivan Williams 

Jerry Roberts 

Fisher Tyler 

Roger Tyler 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFmDWALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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