**- .** 

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 theGood Neighbor Commission's appropriation.

You have requested our opinion regarding the effect of a rider to theGood 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 thisAct, no federal funds allocated under Title III, Section 303 of the Comprehensive Employment and Training Act, are appropriated for use by theGood Neighbor Commission. This restriction and limitation on the use of appropriated funds extends toboth 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 toMigrants under the provisions ofArticle 4101-2,V.T.C.S. General Appropriations Act, Acts 1977, 65th Leg., art. III - 72. You first askwhether the restriction inthe first paragraph of the rider isa limitation upon theuse of all federal funds.
We believe it isclear that the restricting language of the rider applies only to "federal funds allocated under Title III, Section 303of the Comprehensive Employment and Training Act." Any other available federal funds are appropriated to the Commission under article V, section 20 of theGeneral Appropriations Act.

P. 4321.

Honorable Eddie Aurispa - Page 2 (H-1050)

You also askwhether the second paragraph of the rider should be construed as a limitation on funds appropriated to the Commission. Inour opinion, this languagemeans 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 isempowered by the statute [t]ocoordinate thework of federal, State

and local governmental units toward the improvement of travel and living conditions ofmigrant laborers inTexas.
Sec. 4i. "In furtherance of this purpose," the Commission is directed toperform eight specific functions. V.T.C.S. art. 4101-2, § 4i. Inorder toperform these duties, the Commission may utilize any available federal funds, with the exception of those noted, supra, and, pursuant to article 4101-2, itmay

accept contributions fromprivate sources

. . .tobe used at the discretion of the Commission in compliance with thewishes of the donor, provided, however, that such funds shall not be used to supplement salaries appropriated from General Revenue.
Sec. 4h. Inour 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 toperform specific functions within the limits of available funds.
SUMMARY The firstparagraph of the rider to the appropriation for theGood Neighbor Commission prohibits the use only of those federal funds allocated under Title III, section 303of the Comprehensive Employment and Training Act. The second paragraph of the ridermeans 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 onpage III-72 of the General Appropriations Act.

P. 4322

### HonorableEddieAurispa -Page 3 (H-1050)

APPROVED: rneyGeneralof 

### Texas

C.ROBERTHBKTH,Chairman OpinionCommittee jst

P. ,4323