TEIEATTORNEP GENERAL 

OS-TEXAS 

December 21, 1959 

Honorable Robert S. Calvert 

Comptroller of Public Accounts 

Capitol Station 

Austin, Texas 

Opinion No. W-764 

Re: 

Dear Mr. Calvert: 

Is the State Comptroller 

authorized to make the 

transfers from the various 

funds specified in Item 14 

of the State Building Commission's a propriation, 

House Bill 1 Acts 56th 

Legislature,'Third Called 

Session, to the Euilding 

Commmission's fund upon 

proper request of the 

agency administering the 

funds from whick ;ransfers are appropriated. 

You have requested an opinion concerning whether 

the Comptroller is authorized to make the transfers specified in the ap 

1 

ropriation to the State Building Commission 

in House Bill Acts of the 56th Legislature, Third Called 

Session, 1959, bhapter 23, page 442, the General Appropriation Bill. The appropriations to the State Building Commission for the construction of a second State Office ailding 

to be occupied in part by the agencies listed in the appropriation and referred to in your request, read as follows: 

"Out of Other State Funds: 

14. For the purchase of balance 

of land in Block 173, City of 

Austin, and for the construction 

of a second State Office Building thereon, there is hereby 

appropriated from the funds 

specified the amounts shown: 
Honorable Robert S. Calvert, page 2 (~-764) 

a. 

b. 

0. 

C. 

d. 

e. 

Special Game and Fish Fund 

Professional Engineers 

License Fund 

Public Welfare Administ@ative.:ISind-:I 

Federal 

Commodity Distribution 

Fund,No. 39 

Social Security Administration Fund No. 929 

Subtotal; direct appropriations from Other 

State Funds 

15. The following agencies 

are hereby authorized 

to transfer the sums 

specified to the State 

Building Commission as 

contributions toward 

construction of the 

second State Office Building listed as Item 14 above, 

after contracts are entered 

into between the State Building Commission and such agencies for space to be occupied 

without rental payments but 

providing for the payment 

of their proportionate shares 

of janitorial, utilities, and 

maintenance expenses: 

a. State Finance Commission 

b. State Board of Plumbing 

Examiners 

$ 600,000 400,000 

and U.B. 

225,000 U.B. 

587,674 512,326 

and U.B. 

40,000 U.B. 

60,000 U.B. 

$i:,512;674 $zPz,, ~2; 

. . 

250,000 u.B. 

250,000 U.B. 

"Any paymentsor receipts to the State Building 

Commission from the provisions of Item 15 above 

are hereby appropriated to said Commission for 

the purposes for which they are received." 
Honorable Robert S. Calvert, page 3 (~~-764) 

The State Building Commission is the agency of the 

State charged with the duty of carrying out the State Building Program established by the provisions of Section 51-b 

of Article III of the Constitution of Texas and Article 67t:~ 

of Vernon's Civil Statutes. 

In Attorney General's Opinion WW-573 (1959), it was 

held: 

"The Legislature cannot by rider in 

the appropriation bill amend a general law. 

Attorney General's Opinion V-1304 (1951). 

Therefore, the Legislature cannot transfer 

special funds to the General Revenue Fund 

by an appropriation bill without first 

amending the general law creating the special fund. The Legislature does have the 

power, however, to transfer statutory special funds to the General Revenue Fund by 

a general law without violating the provision of Section 7 of Article VIII of the 

Constitution of Texas, relating to the diversion of special funds. Gulf Insurance 

Company v. James, 143 Tex. 424, 185 S.W.Z?d 

gbb (1945) Attorney General's Opinion 

w-544 (19;9). 

"Item 16 to the appropriations to the 

Attorney General appropriates money for the 

purposes authorized by the general law and 

It keeps such special funds in a separate 

account to be expended only for the purposes 

authorized by the Legislature by general law. 

Since the appropriation is neither contrary 

to any constitutional provision nor to the 

general law, it is our opinion that such itef 

of the appropriation bill is constitutional. 

In Attorney General's Opinion ~~-604 (1959);this 

office held that the occupancy of office space is necessary 

to the carrying out of the particular duties of an agency 

of the State and, therefore, the Legislature is authorized 

to appropriate moneys for the payment of rent. By like 

reasoning, the Legislature is authorized to appropriate 
Honorable Robert S. Calve&, page 4 (W-73!) 

moneys for the construction of office space. Since the 

State Building Commission is the agency charged with the 

duty of the developing of the State Building Program, it 

was proper for the Legislature to appropriate the specia; 

funds referred to in your request to the State Buiiding 

Commission directly or to authorize the Comptroller to 

transfer special funds for the purpose of constructing t!:& 

State Office Buildin Attorney General's Opinions !-r!l.-541! 

p’,“;;,;;-m,~;;59 7; and ~~-604 (1959) and the authori- 

. 

You are, therefore, advised that you are authorized 

to make the transfers specified in the appropriation to 

the State Building Commission. 

SUMMARY 

The Legislature is authorized to appropriate 

special funds to the State Building Commission for the construction of a State Office 

Building and such appropriation does not 

constitute a diversi~on of the purpose for 

which the special funds were created. Therefore, the Comptroller is authorized to make 

the transfers specified in the appropriation 

to the State Building Commission for the purpose of providing funds for the construction 

of a State Office Blilding. General's 

Opinions wW-544 (1959); ~~-57?~~~~~2;; I+W-604 

(‘1959 1 . 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:mfh 

APPROVED: 

OPINION COMMITTEE 

W, V. Geppert, Chairman 

Henry G. Braswell 

Marietta Payne 

C. Dean Davis 

Gordon Cass 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore