TEIEATTORNEP GENERAL OS-TEXAS

December 21, 1959

Honorable Robert S. Calvert Comptrollerof 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,'ThirdCalled Session,to the Euilding Commmission'sfund upon proper request of the agency administering the funds fromwhick ;ransfers are appropriated.
You have requestedan opinion concerningwhether the Comptroller is authorized to make the transfers specified in the ap1ropriation to the State Building Commission in House Bill Acts of the 56th Legislature,Third Called Session, 1959, bhapter 23, page 442, the GeneralAppropriation Bill. The appropriationsto the State Building Commission for the constructionof 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 specifiedthe amounts shown:Honorable Robert S. Calvert,page 2 (~-764)

a. b. 0.
C. d.

e. Special Game and Fish Fund ProfessionalEngineers License Fund PublicWelfare Administ@ative.:ISind-:I Federal Commodity Distribution Fund,No. 39 Social SecurityAdministration 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 contributionstoward construction of the second State Office Building listed as Item 14 above, after contractsare entered into between the State Building Commissionand such agencies for space to be occupied without rental paymentsbut 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.

"Anypaymentsor 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 chargedwith the duty of carrying out the State Building Program establishedby the provisions of Section 51-b of Article III of the Constitutionof Texas and Article 67t:~ of Vernon's Civil Statutes.

In Attorney General's OpinionWW-573 (1959), itwas held: "The Legislature cannotby rider in

the appropriationbill amend a general law. AttorneyGeneral's OpinionV-1304 (1951). Therefore, the Legislature cannot transfer special funds to the GeneralRevenue Fund by an appropriationbill without first amending the general law creating the special fund. The Legislature doeshave the power, however, to transfer statutory special funds to the General Revenue Fund by a general lawwithout violating the provision of Section 7 of ArticleVIII of the Constitutionof Texas, relating to the diversion of special funds. Gulf Insurance Companyv. James, 143 Tex. 424, 185 S.W.Z?d gbb (1945) Attorney General's Opinion w-544 (19;9).
"Item 16 to the appropriationsto the Attorney General appropriatesmoney for the purposes authorizedby the general law and It keeps such special funds in a separate account to be expended only for the purposes authorizedby the Legislatureby general law. Since the appropriation is neither contrary to any constitutionalprovision nor to the general law, it is our opinion that such itef of the appropriationbill is constitutional.
In AttorneyGeneral'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 appropriatemoneys for the payment of rent. By like reasoning, the Legislature is authorized to appropriateHonorable Robert S. Calve&, page 4 (W-73!)

moneys for the constructionof office space. Since the State Building Commission is the agency chargedwith the duty of the developing of the State Building Program, it was proper for the Legislatureto appropriate the specia; funds referred to in your request to the State Buiiding Commissiondirectly or to authorize the Comptrollerto 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 appropriationto the State Building Commission.
SUMMARY The Legislature is authorized to appropriate special funds to the State Building Commission for the constructionof a State Office Building and such appropriationdoes 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 OfficeBlilding. General's OpinionswW-544 (1959); ~~-57?~~~~~2;; I+W-604 (‘19591

. Yours very truly,
WILL WILSON AttorneyGeneral of Texas

JR:mfh
APPROVED: OPINION COMMITTEE W, V. Geppert, Chairman Henry G. Braswell Marietta Payne C. Dean Davis Gordon Cass REVIEWED FOR THE ATTORNEYGENERAL BY: Leonard Passmore