OFFICE OF THE ATTORNEY GENERAL OF TEXAS
**AUSTIN**

Bon. George 8. Cox, IL D. State $salth Orrioer Au&tin, Texa 8 Dear Sir:

Realth ands

d revenue stampa. ust weoolleotsd 0, registrations anowraised the maiuse this $5,500.00

e of facts, you ask the opinion of this tollowlng questions:

8. Whetheryou can opand th& $54,000.00 as appropriatedby ths Lsgiolature ror the present ilsoal year without being oheoked by the Comptroller rrom day to day and month to month to determine ii the earnings of the Bedding Dlrielon equal its,expenditures.

# 160

BOIL&Ol?gO

iY.

## COX, F&&e 2

3. Xbether, if it be determined that the 35,500.OO is not available under the appropriation for the present fiacpl year, that sumwill revert to the Goneral **Revenue** Sundor ~111 be bald In the General Revenue i‘und to the oredit of the Beddingplvision subject to being appropriated at a later date. The pertinent provisions of Senate Bill 200, Aat. of the 46th Legislature, Eegular Sesei’.n, are as follows:

t Yiection 

### a. Proceeds placed in General Fund: *All moneys obtained from the sale of stamps, foes andother moneysaolleated in the admlnistration of this act shall be payable to the department, andwhencollected shall thereafter be transmitted to the State Treasury andbe pleaod in the General Zuund andbe appropriated out In such anount that zay-be deemedneoessary by the Lc::islature. In the administration cf this enactmeat the regular departmental appropriation 5511 will be adopted.

“Sea. Sa, There is hereby appropriated inmediately out of.the general fund of the State TrOaStUynot otheralse appropriated a sumOr $lO,OOO.OO to aarry out the purposes andprotisions of this act ror the remainder of the fiscal year ending Au&ust31, 1939, suchfunds to be disbursed by order or the state Bealth Offiaer and the Treasurer of this state. Vet. 8b. Theseveral sumsof moneyhsrein sgeoified or somuahthereof ae maybe necessary, are hereby appropriated out of anymoneys in the State Treasury not otherxlse appropriated to carry out the purposee and provisions of this act for the twoyear period be&inning September 1, 1939, andending August 31, 1941:

...* (Tiere

## r0ii0w8 an itemized appropriation for the use of the department, totaling for the fiscal year ending August Zl, 1940, the sumor Q34,400.00, and for the fiaoal year ending August 31, 1941, the total **SUlc**

## 0r$28,350.00).
*Sec. PC. Theexpenditure **0r** anymoney8 under this act shall never exceed the **amount of**  **money** obtained from the colleation of moneyrequired by any rs2, permit, lloenss or re;iatration required by the provialonz of t:,ia act.”Bon. George W. Cox, ?age 3.

As held in our opinion O-1311, it **TRIS** contemplated by the Legislature that, to inaugurate the SovcrnmcntaI scrvloc ?rovidcd by Senate Bill 200, there should be made avallnblc for lm~~edlate use byyour department, extending t0 the end Ofthe .IisOal year,August 31, 1939, the **SUBI or**  I10,000. ThCr8aftC& lt wascontemplated that the dcpartment should be self-supporting, andthat the amountor its expenditures should not exceed the amount of lta rcoclpts. It hollows, for the reasons stated ln opinion O-1311, that it Wasnot intended that the expenditure of the #IG,GGG original appropriation should be controlled by the reoelpts oollacted by the Bedding Dlvlslon. The service ncocasarlIy oould not be inaugurated without cxpcndlturcs being made prior to the aollcotlon of anyreceipts by the department, andto apply Section 80 to the $10,000 appropriation, thcrctorc, would be to place a construction upon the Act that would prevent the administration of the not and dcreat the leglslatlve intent. It will be observed that the Act does not create a spcoial “bedding” fund, but provides that the rcoclpts or the department shall be placed in the Gcncrsl Fund. It 1s intended andprovided, by the Legislature, that the cxpcndlturcc of the Bedding Dlvielon, after August 31 1939, shall not exceed tbe receipts oollected in administer ng i the Aot, and, of

’ course, that noamountmaybe expended by the Bedding Division in cxoess or the maximumfixed by the Legislature 

### lnthe appropriations oontalned in the Act. Theamountof the receipts nnder the Aot~1s to be detennlned **from** the inauguration of the division, and not from the date when.lta ;lO,OOO appropriation expired. Thequestion 1s not one of availability of the reoclpts or the department prior to August 31, 1939, for expenditure, but of their availability as ameasuring stfok to determine howmuchof the moneyappropriated for the use of the Bedding Division maybe expended by it. There 1s nothing in the Act requiring that only the recclpts of the division after Au&ust31, 1939, maybe used to,measure the avallablllty of appropriated funds ror expenditures, anda reasonable interpretation of the Aot oompcla the oonclualon that it wasnot thus lntendcd by the Legislature. In response to your second question, you are advlscd that the limitation placed by the Laeislaturc on the CXpendlturc of appropriated funds by the Bedding Dlvlslon, that such expendlturcs shall not exceed the rcoclPt3 of theHon. George X. Cox, Page 4.

dfrislon, of neoceafty rcqulrce that an acouratc ohcok or the total rcoclpte of the dlvlsion, balanoed against its total oxpcndlturca, be kept. It follows that'rro warrant zui~y be i8eUCdby the Comptroller against your approprlatlona unless your total. rsoelpts cxoeed your total expenditures bythe amount oi thc.~airant at the tlm its :ssuan&c la rcqueetcd. Yours very truly
ATTOFCIEY C2::EFLIL OFTEXAE *cp;-Le/

. , BY B. W. Fairchild

Aesietant FG7F:pbp



# .,.