Hon. H. A. Glass,Director

TextbookDivision State Department of EduCation Austin, Texas

Dear Sir: Opinion No. O-1837 Re: GeneralAppropriationAct, 46th Legislature -- Department of Education--TextbookDivision-- Custodian of Textbooks;-Expenditures--Reimbursement.

We acknowledge receipt of your letter of January 5, 1940, submitting the following questions for a legal opinion, to-wit:

"1. May this Division legally reimbursebonded custodians of free textbooks forexpenditures made by them in conneationwith the distributionof free textbooks to pupils of the free schools of this State:

"2. If you answer the foregoing in the affirmative, then may this reimbursementbe made from that portion of the free textbook fund allocatedby the State Board of Education from the available school fundbut not appropriatedby the Legislature .for-a spec$fic purpose?"

The pertinent Articles of the Civil Statutes governing the matters inquiredabout by you are as follows:
"Article 2866. The State Board of Education is hereby authorizedand empoweredand it is made its duty to purchasebooks from the contractors of textbooks used in public free schools of this State and to distribute the samewithout other cost to the pupils attending such schoolswithin this State in the manner and upon the conditionshereinafter set out."
"Article-2867; In order to carry ou&,the provisions .of~this -ActtheState Board of Education shall annually at a meeting designatedby them each year, setapart out of the available free school fund of the State an amount sufficient to purchase and distribute the necessary school books for the use of the pupils of this state for the scholasticyear ensuing."Hon. H.A. Glass, Page 2 0-1837

"Article 2868. The State textbook fund of this State shall consist of the fund setaside by the State Board of Education from the available school fund as is provided for in this Act, togetherwith all fundsaccruing 

### fromthe sale of disused books and allmoneys derived from the purchase of books fromboards of school trusteesby private individuals, by schools, or from any other source."
"Article 2869. The State Board of Education shall require from the Stats Superintendenton July first of each year a report as to the funds necessary for the purchase and distribution of (or) other necessary expenses ofschool books for the regular school session of the following year, and said Board of Education shallhave the power to set apart fromthe available school fund the estimated amount with 25 per cent additional,this additional sum to be used to meet emergencies or necessities causedby unusual increase in scholasticattendance or by unusual and unforseen (unforeseen)expensesand school conditions. Funds transferred in the text book fund shall remain permanently in this fund until expended,and shallnot lapse to the State at the close of the fiscal year. The State Superintendent of Public Instruction shall be required to include in the aforementioned report to the State Board of Education
a statementas to the amount of this fund which is unexpended, and said amount shallbe consideredby the board in determining the necessary expendituresfor textbooks for thefollowing year."
"Article 2876h. All necessaryexpenses incurredby the operation of this Act incident to the enforcement of this law shallbe paid from the State Textbook. Fund herein provided for upon bills approved by the State Superintendent of Public Instruction,and shall be paid upon warrants drawn by the Comptrollerupon the Treasury of the State."
"Article 28763. The provisions of this Act are intended to furnisha complete plan for the adoption,purchase, distributionand use of free textbooks to be supplied to the public free schools of the State. All laws and part of laws in conflictherewith are hereby repealed."

It is thus made the duty of the State Board of Education to purchase and distribute textbooks free to the pupils attending the public free schools of the State. This means the Board must pay the reasonableand necessaryexpenses incident to such distribution. The specificrules as to the requisition,distribution, etc. of books may be made by the State Superintendent of Public Instruction, subject tothe approval of the State Board of Education, but such rules may not conflictwith theprovisions of the statutes. (Article2876b)Hon. H. A. Glass, Page 3 O-1837

Your first question, therefore, is answered in the affirmative.

Article 2876h, above quoted, declares thatall necessary expenses incurred in the operation of the Act incident to the enforcement of the law shall be paid fromthe State Textbook Fund therein providedfor.

In a general rider attached to the appropriation, it is provided:
0

...thatany amount expended for textbooksadministration includingnew textbooks rebindingand any oth.erexpenses connected there,fCth shall be paid out of the State Textbook Fund."

There is no specificappropriation contained in the bill to the contrary of the rider just quoted. The rider, itwill be seen, is in keeping with thestatute above quoted, and it is well settled that if itwere not it couldnot operate to change the general law, for it is the undoubted rule that an appropriation bill in contraventionof a general statute is of no force or effect. (Statsv. Steele, 57 Tex. 203; Linden v. Finley, 92 Tex. 451; Attorney General's opinion 1916-1918 p. 110/ Attorney's General's opinion no. 2965, 1034-1936p. 46; Attorney General's ofiinion

no. 2970, 1934-1936,p. 72.

So that, your second question is alsoanswered in the affirmative.

Yours very truly

ATTORNEY GENERAL OF TEXAS

APPROVED JAN 16, 1940

W.F. Moore 

### BY Ocie Speer Assistant