.,- .. 

### THEATTORNEYGENERAL OFTEXAS

l?ovembar

9, 1950

Hon. Robert S. Calvert Comptrollerof’

publicAccounts Austin, Texas opition Blo. v-1117
Rer Validity of a rider reapproprletlou

of unexpendedbalances ln~ opproprlatious

for stints Hoapltaleand Spehlal School0 and other” lnstltutlousfor the year endingAugust Dear Sirr 

### 31, 1950.

You have requestedail opinionas to vhether the unexpendedbalancesappropriated by Rouse Bill Rumber 321 of the Regular Session of theFfftg’-first Legislaturecan be brought forvard and are ap;proRXatedfdr the use arid benefit of the State Hospltals~andSReclalSchools for the present year of the current biennium. I ;

You further ask: “Shouldyou hold by youi’oRlnlonthat the unexpendedbalandesmentlaued lIuSubsection (c) of Section 18 oP'Fk%is~ Bill Ifumber 32l’areavailableand appropriatedfor the use and benefit-

of the’ State Hospi;tals

and Special Schools, then-afe~ such balancespayable from the State Iiospltal Fund as created by House Bill HuiidMr 3 above-mentioned,(Acts 51st Leg., 'Zst

C.S. 1950, ch.2, p.10) or are suoh balancespaid from the general revere?” House Bill 

### 321,

Acts’ 51st Leg., R.So 1949, ch. 

### 553, pm 1070 (“makingappropriations for the support,rnaintenance and Improvementof the State Hospitalsand Special Schools of the State of Texas for the two-year period beSinning September 1, 1949 ahd endingAugust 31, 1951') was approved by the Covernor “with the exceptionof those items appropriatedtherein for the year audiI@Auguut 31, 1951 ,a which the Governor vetoed. Subdlvlslon (c) of Section 18, House Bill 321, supra, provided, in part:“’

.

Ron. Robert S. Calvert,page 2 (V-1117)

"(c) There is hereby appropriatedto the Board any unexpendedbalance In any fund or item appropriatedto any institutionremalning at the end of the fiscal year endingAugust 31, 1950. Subject to the approval 19 the LegislrtiveBudget Colmrrittee these unexpended balances'may

be expended for the followingpurposes: e e ."
It is our opinion that subdivision (c) above quotea, constitutesan appropriation*for the year ending August 31, 1951," within the iwaning of the Governor's veto tiessage,

ana w&s therefore;

vetoed-bythe Govetior. as Well aa,

the 0th~ ltems'approprlated therein for the year ending August 31, 1951. Therefore;lt is out opinion that the unexpendedbalancesremainingat the end of the fiscal year enaiugAugust 31, 1950;were not appropriatedfor the fiscal year endingAugust 31, 1951, by subdlvlslon (c) of Section 18 of House RI.11 321. Rowever,'House Bill 321,~~ ;rn;ed,F House Bill 1, Acts slat Leg., 1st C.S. 1950, ch.

Subdivision (c) of Section 17 of Rouse Bill 1 pi&&es ,‘ln partn

"(c) There Is hereby appropriatedto the Board and/o? Council any unexpendedbalance in any fund or item appropriatedto any instltution remainingat the end of the fiscal year endingAugust 31, Be e .,." (Emphasis added.)
It Is oup opinlou that it waS'the Intentionof the Legislatureto appropriateby subdivision (c) of Section 17, above quotea, the unexpendedbalance remaining at the end of the fiscal year endingAugust 31, 1950, rather than August 31, 1931, for House Bill 1 is an appropriationfor the fiscal year beginningSeptember 1, 1950 and endingAugust 31, 1951 and for no other period.

It is statea in 2 Sutherland,StatutoryConstruction (3rd Ed. 1943) 460-461, citing Chambersv. Substitution of one word for another

. . . wherz’it State, 25 Tex. 307 (1860) that “Courtshave permitt is obvious that the word used in the act is the result of clerical error, or mistake” and "where the substitution will make the act sensible.“ Also It was held in Wood v. State, 133 Tex. 110, 116, 126 S.W.2d 4, 7 (1939):

"It is the settled law that statutes should be construed so as to carry out theHon. Robert S. Calvert,page 3 (V-1117)

legislativeintent, and vhen such intent 1s. once ascertained,it should be.glven effeat, even thou&h the literalmesnina of ,the words used therein is not followed.” (~baris aadea.) B giving House Bill 1 this donstruotlon,subdivision (c

7 of Section 17 is in o&omrit~ with the caption of the Bill which limits the’approprlatlon to ‘the September 1, 1950 a&l ‘endl?gAuother aonstructlon'would render subof Section 17 unconstitutional as being in. violation of Section 35 of Artlalb RI of the Constitution of Texas, ana the courts will give a statute a constroctlon or Interpretation that wll~~lvltsvalld If It Is reasonablypossible to do so. 428, 95 S.w.28 357 (1936 f.mler, 127 T&X. 26 950 (Tex.Civ.App. 194 ; and kilo v.*Carter;212 S.W.

, error ref.). Therefore,It is our opinion that the unexpended balance in any fund or item appropriatedto the fiscal year ending August 31, 1950, is appropriated by the proViSions of Rouse Bill 1 for the use and benefit of the State Hospltals ana Special Schools for the presentyear of the aurrent bienniumand may be expended for the purposes set out in subdivision (c) of Section 17. Since the unexpended balance” is an appropriationout of the general revelkue fund, you are advised that such balances are to be paid from that fund. 5XJWARY

The “unexpended

balanae* In any pn4 or itemappropriated by House Bill 321, ots 51st WC., R.S. 1949, ch.553,p.1070, remainingate the end of the fiscal year endingAugust 31, 1950, Is appropriated by the provisionsof House Bill 1, Acts 51st Leg., 1st C.S. 1950, ch. 14, p.55, for the use and benefit of the State Hosplta‘ls

and Special Schools and other institutions for the present year of the current bienniumand should be, paid from the general fund. APPROVED: J. C. Davis Sr. county Affalps Division Yours very truly, PRICE MRIEL Attorney General Everett Hutchlnson ,~ Executive,

Assistant ” Charles D. Hathews First Assistant JR%w Assistant