, 

September 14, 1971 

Honorable James U. Cross 

Executive Director 

Parks and Wildlife 

Department 

John H. Reagan Building 

Austin, Texas 78701 

Opinion No. M- 952 

Re: Authorization of 

Parks and Wildlife 

Department to Expend 

Certain Funds for 

the Construction of 

Dear Mr. Cross: 

a State Office Building. 

You have requested the opinion of this office as 

to the following question: 

"Is the Parks and Wildlife Department authorized to expend funds for the 

construction of a State office building 

from each of the following funds: 

a. General Revenue Fund, specifically, any 'lapsed funds' which may remain 

at the end of a fiscal year; 

b. State Parks Funds No. 64; 

C. Special Game and Fish Fund No. 9; 

d. Land and Water Recreation and 

Safety Fund No. 63; 

e. Special Boat Fund No. 59; 

f. Conservation Fund No. 223; 

G. Texas Parks Fund No. 31." 

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Honorable James U. Cross, page 2, (M-952) 

Section 6 of Article VIII of the Constitution of 

Texas provides that no money shall be drawn from the 

Treasury, but in pursuance of specific appropriations 

made by law. Pickle v. Finley 91 Tex. 484, 44 S.W. 

480 (1898). The 62nd LegislatAre in the current General 

Appropriations Act, Senate Bill 11, Acts 62nd Leg., R.S., 

1971, as amended by Senate Bill 7, Acts 62nd Leg., 1st. 

C.S.) 1971, made the following appropriation to the 

Parks and Wildlife Department for the biennium ending 

August 31, 1973: 

"In addition to the funds appropriated hereinabove, there is hereby appropriated out of such funds as may be available 

to the Parks and Wildlife Department an 

amount NTE $B,OOO,OOO for construction of 

a State office building for the Parks and 

Wildlife Department to be located at 

McKinney Falls State Park including facilities for wildlife scientific research and 

comprehensive park and statewide outdoor 

recreational planning. Such amount to 

cover planning, site development, professional services and fees, salaries and 

wages, travel, capital outlay including 

utilities, equipment, park areas and other 

improvements related thereto and all other 

necessary costs and expenses whether by 

contract or direct payment." 

It is noted that the above quoted appropriation does 

not specify from what fund or funds said appropriation is 

made. 

The appropriation is made for the construction of a 

State office building to be used for wildlife scientific 

research and comprehensive park and, statewide outdoor recreational planning. Therefore, such item of appropriation 

may be expended from the available special funds listed 

in your request as well as the General Revenue Fund. See : 

Attorney General's Opinion M-574 (1970). In this connection House Bill 1565, Acts of the 62nd Legislature, Regular Session, 1971, Chapter 798, page 2459 (codified in 

Vernon's as Article 438613-Z V.C.S.), provides: 

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Honorable James U. Cross, page 3 (M-952) 

"Section 1. There is hereby established a 

fund in the State Treasury to be known as 

the 'Parks and Wildlife Operating Fund.' 

The Parks and Wildlife Commission is authorized to transfer any funds appropriated 

to the Parks and Wildlife Department by 

the Legislature for Personal Services 

Travel, Consumable Supplies and Materials, 

Current Operating Expenses and Capital 

Outlay, as these terms are used in the Act. 

All expenditures by the department from 

this special fund shall be made only for 

such purposes for which appropriations are 

made by the General Appropriations Act." 

"Section 2. The Parks and Wildlife Operating Fund shall be used for the purposes 

specified by law or hereafterwards authorized by law, and nothing shall be done 

by any officer or employee of the Parks 

and Wildlife Department or the Parks and 

Wildlife Commission to jeopardize or 

divert the Special Funds or any portion 

thereof, including any federal aid the 

department receives or administers." 

In Attorney General's Opinion M-574, it was pointed 

out that: "The Parks and Wildlife Department was created 

by the provisions of Article 978f-3a, Vernon's Penal Code. 

This article provides that the Special Game and Fish Fund 

shall be used for the purposes provided in the act and 

for purposes provided by law, and also prohibits the use 

of money heretofore authorized for park purposes to be 

expended for any other purpose than the operation, maintenance or development of State Parks". 

It is our opinion that a State office building for 

the Parks and Wildlife Department to be used for "wildlife 

scientific research and comprehensive park and statewide 

outdoor recreational planning" is not a diversion of the 

purpose for which the special funds may be used. 

SUMMARY 

Monies specifically appropriated to 

the Parks and Wildlife Department for the 

construction of a State office building 

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Honorable James U. Cross, page 4 (M-952) 

at &Kinney Falls State Park is payable 

out of the General Revenue Fund, and such 

moneys as may be available in the State 

Parks Funds No. 64, Special Game and Fish 

Fund No. 9, Land and Water Recreation and 

Safety Fund No. 63, Special Boat Fund No. 

59, Conservation Fund No. 223, and Texas 

Parks Fund No. 31. 

y General of Texas 

Prepared by JohnReeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Rex White 

Larry Craddock 

Pat Bailey 

Marietta Payne 

SAM MCDANIEL 

Acting Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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