April, 10, 1950 

Hon. John Ben Shepperd 

Secretary of State 

Austin, Texas 

Dear Mr. Shepperd: 

Opinion No. V-1043,. 

Re: The validity of S.B. No. 35, 

Acts 51s.t Legislature, 1st 

Called Session, 1950, making 

an appropriation from the Securities Act Fund to defray 

expenses of publishing the laws 

of said called session, 

Yourequest the opinion of this office as to the validity 

of Senate Bill No. 35 passed by the First Called Session of the Slet 

Legislature, which is as follows: 

“AN ACT making an emergency appropriation 

for the use of the Secretary of State for the purpose of 

publishing the Current Laws; and declaring an emorgency. 

“BE IT ENACTED BY THE LEGISLATURE OF THE 

STATE OF TEXAS: 

“Section 1. There is hereby appropriated for 

the use of the Secretary of State, out of any funds in 

the Securities Act Fund not heretofore otherwise appropriated, the sum of Two Thousand ($2,000.00) Dollars to be expended for the purpose of compiling, editing, indexing, and distributing the Current Laws enacted by the 51st Legislature, 

“Sec. 2. The fact that the appropriation6 heretofore made to the Secretary of State for the purposes 

named in Section 1 of this Act are inadequate, creates 

an emergency and an imperative public necessity that 

the Constitutional Rule requiring bills to be read on 

three several days in each House be suspended; and 

the same is hereby suspended, and this Act shall take 

effect and be in full force and effect from and after its 

passage, and it is 60 enacted,” 

Under the authority of Gulf Insurance Co. v. James, 

143 Tex. 424, 185 S,W.Zd 966 (1945). we hold that this Act is valid 

and the appropriated funds may be used for the purpose specified 
Hon. John Ben Shepperd, Page 2 (v-1043) 

in the Act. The Court said: 

“We agree with the holding of the Court of Civil 

Appeals that the Legislature has the right to transfer 

the balance on hand in these special funds to the General Revenue Fund. In so doing the Legislature does 

not violate the provisions of Article VIII, Section 7, of 

the Constitution, Vernon’s Ann. St., which provides that, 

‘The Legislature shall not have power to borrow, or in 

any manner divert from its purpose, any special fund 

that may, or ought to, come into the Treasury; * * *.’ 

In the case of Brazes River Conservation & Reclamation District v. McGraw, 126 Tex. 506,, 91 S.W.2d 665, 

this Court held that the above-quoted constitutionalirihibition applies only to special funds created by the Constitution, and not to special funds created by statute. 

The special funds here under consideration were created by statute, and not by the Constitution. 

u 

. . . The State could have required the funds 

collected for the purposes indicated to be paid directly to the General Revenue Fund in the first instance. 

Ex Parte Gregory, 20 Tex. App. 210, 219, 54 Am. Rep. 

516; Brown v. City of Galveston, 97 Tex. 1, 17, 75 S.W. 

488. Ii it had done so, then certainly the excess, if any,’ 

would have been available for use for general purposes. 

The pfopriety and fairness of an enactment authorizing 

the use of the unexpended balances in these special funds 

for general purposes present legislative rather than judicial considerations.” 

You are, therefore, advised that it is our opinion that 

Senate Bill No. 35 makes a valid appropriation and that the funds 

therein appropriated may be used for the purpose specified in the 

Act. 

SUMMARY 

The Legislature may make an appiopriation from 

statutory special funds in the same manner and to the 

same extent as it may make appropriation from the General Fund. Gulf Insurance Co. v. James, 143 Tex. 424, 

185 S.W.Zd Qbb (1945) . . 

Very truly yours, 

APPROVED: 

W. V. Geppert 

Taxation Division 

Charles D. Mathews 

Executive Assistant 

LPL/mwb 

PRICE DANIEL 

Attorney General 

By si$3iiAsiistant