Mr. Raymond W. Vowel1 

Executive Director 

Board for Texas State Hospitals 

and Special Schools 

Box S, Capitol Station 

Austin, Texas 

Opinion No. W-655 

Re: May the balance of the funds 

remaining from specific line 

Item appropriations available 

for the fiscal year ending 

August 31, 1959, be grouped 

by the Comptroller into a 

lump sum with the approval 

and at the request of the 

Board for Texas State HosDear Mr. Vowell: pltals and Special Schools. 

The rider to the appropriation to the Board for the 

various institutions under its jurisdiction and control contained In House Bill No. 133, Acts 55th Legislature, Regular 

Session, 1957, provides as follows: 

"It is hereby declared to be the Legislative Intent that the appropriations listed above 

for major repairs, rehabilitation and replacement, 

and for new construction of buildings shall be 

expended as nearly as practicable in the manner 

specified; however, the Board for Texas State 

Hospitals and Special Schools is authorized to 

transfer such amounts as it deems necessary from 

one appropriation item to another for repairs, 

rehabilitation, replacements, or new construction 

with the approval of the Covernor after obtaining 

the advice of the Legislative Budget Board. 

"Any unexpended balances In such appropriation Items may be used for other needed repairs, 

replacements or new construction. The unexpended 

balances as of August 31, 19% are hereby reappropriated for major repairs, rehabilitation, replacement or new construction durin 

year beginning September 1, 1958. 
Mr. Raymond W. Vowell, page 2 (ww-7655) 

. * ,', ~, 

Ordinarily the term "unexpended balance" refers to 

the money on hand at the end of any fiscal year. However, in 

the instant case, the term "unexpended balances" could not 

refer to moneys on hand at the end of the fiscal year since 

such construction would vitiate the underlined sentence 

quoted above. At the close of the fiscal year, In the 

absence of a re-appropriation, such items would lapse. Thus, 

none of the moneys could ever be spent for other needed repairs, replacesient, or new construction. 

In view of the fact that the Legislature specifically authorized that the appropriated items could be used 

for other needed repairs, replacement, or new construction, 

it was the evident intention of the Legislature that such 

moneys could be used for such purposes after the specific 

work for which such appropriation was made had been accomplished. Therefore, it Is our opinion that the term "unexpended balances" in the underlined sentence quoted above 

refers to those balances remaining after the construction 

work for which the items were appropriated has been accomplished. 

You are accordingly advised that the balance of 

the funds remaining from specific line item appropriations 

available for the fiscal year ending August 31, 19.59, may 

be grouped by the Comptroller Into a lump sum with the approval and at the request of the Board for Texas State Hospitals and Special Schools without the approval of the 

Governor upon furnishing satisfactory proof that the work 

for which the specific appropriation was made has been 

accomplished by the Board. 

SUMMARY 

Unexpended balances in the appropriations for major repairs, 

rehabilitation, and replacement, 

and for new construction, may be 

used for other repairs, replacements and new construction by the 
Mr. Raymond W. Vowell, page 3 (m-655) 

Board for Texas State Hospitals 

and Special Schools without the 

approval of the Governor. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:wb:zt 

BY 

John Reeves 

Assistant 

APPROVED: 

OPINION COMMITTEE 

L. P. Lallar, Chairman 

Marvin F. Sentell 

Charles D. Cabaniss 

Paul W. Floyd, Jr. 

Jack Goodman 

REXCEWED FOR THE ATTORNEY GENERAL 

BY: W. V. Geppert