,

September 14,1971

Honorable James U. Cross Executive Director Parks andWildlife Department John H. Reagan Building Austin, Texas 78701 Opinion No. M-952
Re: Authorization of Parks andWildlife 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 andWildlife 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 andWater Recreation and Safety Fund No. 63;

e. Special Boat Fund No. 59; f. Conservation Fund No. 223;
G. Texas Parks FundNo. 31."

-4657-Honorable James U. Cross, page 2, (M-952)

Section 6ofArticle VIII of the Constitution of Texas provides that nomoney shall be drawn from the Treasury, but inpursuance of specific appropriations made by law. Pickle v. Finley 91Tex. 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 appropriatedhereinabove, there ishereby appropriated out of such funds asmay be available to the Parks andWildlife Department an amount NTE $B,OOO,OOO for construction of a State office building for the Parks and Wildlife Department tobe located at McKinney Falls State Park including facilities forwildlife 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 isnoted that the above quoted appropriation does not specify fromwhat fund or funds said appropriation is made.The appropriation ismade for the construction of a State office building tobe used forwildlife scientific research and comprehensive park and,statewide outdoor recreational planning. Therefore, such item of appropriation may be expended from the available special funds listed inyour request aswell 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 asArticle 438613-ZV.C.S.), provides:

-4658-Honorable James U. Cross, page 3 (M-952)

"Section 1. There ishereby established a fund in the State Treasury tobe known as the 'Parksand Wildlife Operating Fund.' The Parks andWildlife Commission is authorized to transfer any funds appropriated to the Parks andWildlife Department by the Legislature for Personal Services Travel, Consumable Supplies andMaterials, Current Operating Expenses and Capital Outlay, as these terms are used in theAct. All expenditures by thedepartment from this special fund shall bemade only for suchpurposes forwhich appropriations are made by the General Appropriations Act." "Section 2. The Parks and Wildlife Operating Fund shall be used for thepurposes 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 anyportion thereof, including any federal aid the department receives or administers."
InAttorney General's Opinion M-574, itwas pointed out that: "The Parks and Wildlife Department was created by theprovisions ofArticle 978f-3a, Vernon's Penal Code. This article provides that the Special Game and Fish Fund shall be used for thepurposes provided in the act and forpurposes provided by law, and alsoprohibits the use ofmoney heretofore authorized forpark purposes tobe expended for any other purpose than the operation, maintenance or development of State Parks".
It isour opinion that a State office building for the Parks and Wildlife Department tobe used for "wildlife scientific research and comprehensive park and statewide outdoor recreational planning" isnot adiversion of the purpose forwhich the special fundsmay beused.

SUMMARY Monies specifically appropriated to the Parks and Wildlife Department for the construction of a State office building
-4659-Honorable James U. Cross, page 4 (M-952)

at &Kinney Falls State Park ispayable out of the General Revenue Fund, and such moneys asmay be available in the State Parks Funds No. 64, Special Game and Fish FundNo. 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 SAMMCDANIEL Acting Staff LegalAssistant
ALFRED WALKER Executive Assistant
NOLA WHITE FirstAssistant

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