Mr. RaymondW. 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 appropriationsavailable for the fiscalyear ending August 31, 1959, be grouped by the Comptroller into a lump sumwith the approval and at the request of the Board for Texas State HosDear Mr. Vowell: pltals and Special Schools.

The rider to the appropriationto the Board for the various institutionsunder its jurisdictionand 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, rehabilitationand replacement, and for new constructionof buildings shallbe 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 Covernorafter obtaining the advice of the LegislativeBudget Board. "Anyunexpended balances In such appropriation Items may be used for other needed repairs, replacementsor new construction. The unexpended balances as of August 31, 19% are hereby reappropriated for major repairs, rehabilitation,replacement or new constructiondurin year beginning September 1, 1958.Mr. RaymondW. Vowell, page 2 (ww-7655)

. * ,', ~, Ordinarilythe term "unexpendedbalance" refers to the money on hand at the end of any fiscalyear. However, in the instant case, the term "unexpendedbalances" could not 

### refer to moneys on hand at the end of the fiscalyear since such constructionwould vitiate the underlined sentence quoted above. At the close of the fiscalyear, In the absence of a re-appropriation, such itemswould lapse. 

### Thus, none of the moneys could ever be spent for other needed repairs, replacesient, or new construction.
Inview 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 suchpurposes after the specific work for which such appropriationwas 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 forwhich the itemswere appropriatedhas 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 groupedby the Comptroller Into a lump sumwith the approval and at the request of the Board for Texas State Hospitals and Special Schoolswithout the approval of the Governorupon furnishing satisfactoryproof that the work forwhich the specificappropriationwas made has been accomplishedby the Board.

SUMMARY

Unexpendedbalances in the appropriations for major repairs, rehabilitation,and replacement, and for new construction,may be used for other repairs, replacements and new constructionby theMr. Raymond W. Vowell, page 3 (m-655)

Board for Texas State Hospitals and Special Schoolswithout 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 PaulW. Floyd, Jr. Jack Goodman
REXCEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert