- . 

m%USSTIN. TRXAf3 78711 

September 7, 1977 

Honorable Eddie Aurispa 

Acting Executive Director 

Good Neighbor Commission 

Box 12116 

Austin, Texas 78711 

Dear Mr. Aurispa: 

Opinion No. H-1050 

Re: Effect of a rider to 

the Good Neighbor Commission's 

appropriation. 

You have requested our opinion regarding the effect of a 

rider to the Good Neighbor Commission's appropriation for the 

next biennium. The rider states as follows: 

As a specific exception to authorizations concerning federal funds found in 

Article V of this Act, no federal funds 

allocated under Title III, Section 303 

of the Comprehensive Employment and 

Training Act, are appropriated for use 

by the Good Neighbor Commission. This 

restriction and limitation on the use of 

appropriated funds extends to both direct allocations from federal agencies 

and allocations made by other state 

agencies receiving Title III, Section 

303 funds, either directly or under 

interagency contract. 

The appropriations made above do not 

include funds for the purpose of carrying 

out activities relating to Migrants under 

the provisions of Article 4101-2, V.T.C.S. 

General Appropriations Act, Acts 1977, 65th Leg., art. III - 72. 

You first ask whether the restriction in the first paragraph 

of the rider is a limitation upon the use of all federal funds. 

We believe it is clear that the restricting language of 

the rider applies only to "federal funds allocated under Title 

III, Section 303 of the Comprehensive Employment and Training 

Act." Any other available federal funds are appropriated to 

the Commission under article V, section 20 of the General Appropriations Act. 

P. 4321 
. 

Honorable Eddie Aurispa - Page 2 (H-1050) 

You also ask whether the second paragraph of the rider 

should be construed as a limitation on funds appropriated to 

the Commission. In our opinion, this language means that, in 

carrying out its responsibilities under article 4101-2, V.T.C.S., 

the Commission may expend any available funds other than those 

specifically appropriated. The Commission is empowered by the 

statute 

[t]o coordinate the work of federal, State 

and local governmental units toward the 

improvement of travel and living conditions of migrant laborers in Texas. 

Sec. 4i. "In furtherance of this purpose," the Commission is 

directed to perform eight specific functions. V.T.C.S. art. 

4101-2, § 4i. In order to perform these duties, the Commission 

may utilize any available federal funds, with the exception of 

those noted, supra, and, pursuant to article 4101-2, it may 

accept contributions from private sources 

. . . to be used at the discretion of the 

Commission in compliance with the wishes 

of the donor, provided, however, that such 

funds shall not be used to supplement salaries appropriated from General Revenue. 

Sec. 4h. In our opinion, therefore, the second paragraph of the 

rider means that, in exercising its authority under article 

4101-2, the Commission may expend any available funds other than 

those specifically appropriated on page III-72 of the General 

Appropriations Act. Under the terms of article 4101-2, the 

Commission is required to perform specific functions within the 

limits of available funds. 

SUMMARY 

The first paragraph of the rider to the 

appropriation for the Good Neighbor Commission prohibits the use only of those 

federal funds allocated under Title III, 

section 303 of the Comprehensive Employment 

and Training Act. The second paragraph 

of the rider means that, in exercising its 

authority under article 4101-2, V.T.C.S., 

the Commission may expend any available 

funds other than those specifically appropriated on page III-72 of the General 

Appropriations Act. 

P. 4322 
Honorable Eddie Aurispa - Page 3 (H-1050) 

APPROVED: 

rney General of Texas 

C. ROBERT HBKTH, Chairman 

Opinion Committee 

jst 

P. ,4323