Hon. H. A. Glass, Director 

Textbook Division 

State Department of EduCation 

Austin, Texas 

Dear Sir: Opinion No. O-1837 

Re: General Appropriation Act, 46th 

Legislature -- Department of 

Education--Textbook Division-- 

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 reimburse bonded custodians 

of free textbooks for expenditures made by them in conneation with the distribution of free textbooks to pupils 

of the free schools of this State: 

"2. If you answer the foregoing in the affirmative, then 

may this reimbursement be made from that portion of the free 

textbook fund allocated by the State Board of Education 

from the available school fund but not appropriated by the 

Legislature .for-a spec$fic purpose?" 

The pertinent Articles of the Civil Statutes governing the matters 

inquired about by you are as follows: 

"Article 2866. The State Board of Education is hereby 

authorized and empowered and it is made its duty to purchase books from the contractors of textbooks used in public 

free schools of this State and to distribute the same without other cost to the pupils attending such schools within 

this State in the manner and upon the conditions hereinafter set out." 

"Article-2867; In order to carry ou&, the provisions .of~this 

-Act the State Board of Education shall annually at a meeting designated by them each year, set apart 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 scholastic year 

ensuing." 
Hon. H.A. Glass, Page 2 0-1837 

"Article 2868. The State textbook fund of this State shall 

consist of the fund set aside by the State Board of Education from the available school fund as is provided for in 

this Act, together with all funds accruing from the sale 

of disused books and all moneys derived from the purchase 

of books fromboards of school trustees by private individuals, by schools, or from any other source." 

"Article 2869. The State Board of Education shall require 

from the Stats Superintendent on 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 shall have the power to set 

apart from the available school fund the estimated amount 

with 25 per cent additional, this additional sum to be 

used to meet emergencies or necessities caused by unusual 

increase in scholastic attendance or by unusual and unforseen (unforeseen) expenses and school conditions. Funds 

transferred in the text book fund shall remain permanently 

in this fund until expended, and shall not 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 statement as to the amount of this fund which is unexpended, and said amount shall be considered by the board in 

determining the necessary expenditures for textbooks for 

the following year." 

"Article 2876h. All necessary expenses incurred by the 

operation of this Act incident to the enforcement of this 

law shall be 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 Comptroller upon the Treasury of the State." 

"Article 28763. The provisions of this Act are intended 

to furnish a complete plan for the adoption, purchase, 

distribution and use of free textbooks to be supplied to 

the public free schools of the State. All laws and part 

of laws in conflict herewith 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 reasonable and necessary expenses incident to such distribution. The specific rules as to the requisition, distribution, 

etc. of books may be made by the State Superintendent of Public 

Instruction, subject to the approval of the State Board of Education, but such rules may not conflict with the provisions of the 

statutes. (Article 2876b) 
Hon. H. A. Glass, Page 3 O-1837 

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

Article 2876h, above quoted, declares that all necessary expenses 

incurred in the operation of the Act incident to the enforcement 

of the law shall be paid from the State Textbook Fund therein 

provided for. 

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

0 . ..that any amount expended for textbooks administration 

including new textbooks rebinding and any oth.er expenses 

connected there,fCth shall be paid out of the State Textbook Fund." 

There is no specific appropriation contained in the bill to the 

contrary of the rider just quoted. The rider, it will be seen, 

is in keeping with the statute above quoted, and it is well 

settled that if it were not it could not operate to change the 

general law, for it is the undoubted rule that an appropriation 

bill in contravention of a general statute is of no force or 

effect. (Stats v. 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, 1034-1936 p. 46; Attorney General's 

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

So that, your second question is also answered in the affirmative. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

APPROVED JAN 16, 1940 

W.F. Moore 

BY 

Ocie Speer 

Assistant