.,- .. 

THEATTORNEYGENERAL 

OFTEXAS 

l?ovembar 9, 1950 

Hon. Robert S. Calvert 

Comptroller of’ public Accounts 

Austin, Texas opition Blo. v-1117 

Rer Validity of a rider 

reapproprletlou of 

unexpended balances 

ln~ opproprlatious for 

stints Hoapltale and 

Spehlal School0 and 

other” lnstltutlous for 

the year ending August 

Dear Sirr 31, 1950. 

You have requested ail opinion as to vhether the 

unexpended balances appropriated by Rouse Bill Rumber 321 

of the Regular Session of theFfftg’-first Legislature can 

be brought forvard and are ap;proRXated fdr the use arid 

benefit of the State Hospltals~andSReclal Schools for the 

present year of the current biennium. I ; 

You further ask: 

“Should you hold by youi’oRlnlon that 

the unexpended balandes mentlaued lIu Subsection (c) of Section 18 oP'Fk%is~ Bill Ifumber 

32l’are available and appropriated for the 

use and benefit- of the’ State Hospi;tals and 

Special Schools, then-afe~ such balances payable 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 balances paid from the general revere?” 

House Bill 321, Acts’ 51st Leg., R.So 1949, ch. 

553, pm 1070 (“making appropriations for the support, rnaintenance and Improvement of the State Hospitals and Special 

Schools of the State of Texas for the two-year period beSinning September 1, 1949 ahd ending August 31, 1951') was 

approved by the Covernor “with the exception of those items 

appropriated therein 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 appropriated to the 

Board any unexpended balance In any fund or 

item appropriated to any institution remalning at the end of the fiscal year ending August 31, 1950. Subject to the approval 19 the 

Legislrtive Budget Colmrrittee these unexpended 

balances'may be expended for the following purposes: 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-by the Govetior. as 

Well aa, the 0th~ ltems'approprlated therein for the year 

ending August 31, 1951. Therefore;lt is out opinion that 

the unexpended balances remaining at the end of the fiscal 

year enaiug August 31, 1950;were not appropriated for the 

fiscal year ending August 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 appropriated to the 

Board and/o? Council any unexpended balance in 

any fund or item appropriated to any instltution remaining at the end of the fiscal year 

ending August 31, Be e ., ." (Emphasis 

added.) 

It Is oup opinlou that it waS'the Intention of 

the Legislature to appropriate by subdivision (c) of Section 17, above quotea, the unexpended balance remaining 

at the end of the fiscal year ending August 31, 1950, 

rather than August 31, 1931, for House Bill 1 is an appropriation for the fiscal year beginning September 1, 

1950 and ending August 31, 1951 and for no other period. 

It is statea in 2 Sutherland, Statutory Construction (3rd Ed. 1943) 460-461, citing Chambers v. 

Substitution of one word for another . . . wherz’it 

State, 25 Tex. 307 (1860) that “Courts have 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 the 
Hon. Robert S. Calvert, page 3 (V-1117) 

legislative intent, and vhen such intent 1s. 

once ascertained, it should be.glven effeat, 

even thou&h the literal mesnina 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?g Auother 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 

reasonably possible 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 appropriated to 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 present year of the aurrent biennium and may be expended for the purposes set out 

in subdivision (c) of Section 17. Since the unexpended 

balance” is an appropriation out 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, remaining ate 

the end of the fiscal year ending August 31, 

1950, Is appropriated by the provisions of 

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 

biennium and 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