**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS** AUSTIN

**uay 17,**  **1939**II0n 

### .3.J.Dartez,Lay 17,1939,Page2

23 of this Act provides a registration fee of &lO.OO, and Section 20 thereof providns (Irenowal fee of i2.50 payable annually on or before the’firot day of ?:over.bcr. Lection 27 of the Texas harbor Law crates the *8tate Board of Barber Examiners’ sund,v with the followlan.-uag

e:I

. The secretary ahall keep a record of ’ all proceedln&*of the Board and shall be the custodian of all such records and shall receive aad receipt for all money collected by the Board. All money so received shall be immediately deposited with the [atate Treasurer, v.hoshall credit sameto a special 

### fundto be as ‘state Board of 3arber ixanin?rs Fund,’ which moneyshall be drawn from said special fund upon claims madetherefor by the aoard to tho Coffiptroller; and if found correct, to be approvod by him 

### andvouchers issued therefor, and countersigned nnd peid.by the State Treasury, -.hlch special fund is hereby appropriated for the-purpose of carrying out all the provisions of this Act. That al:nually at the close of business on ::uqst 31 of 

### eachyear a cor;plete report of tho buslnzes transaction by the Board showing all receipts and disburs-ments skull be madeby the aoard to tho Governor of the Ltate of Texas. ”

. . Unlike rest of our statutory special Funds, the balance of funds tLr_rein at the end of the clven fiscal year, cvPr and above sdrinistrative expenses, does not pass into the Cencrsl Fund, b;lt rerains In the Ltate Board of ’ barber ::xaminers’ E’undto accumulate fro- year to year a~contlnulng fund subject to biennial approprlations. But in answering your inquiries, we Lusti look to the last biecnial daportzcntnl appropriation bill, rather than to this blanket appropriation mtidaby Section 27, Article 734a, ?enal Code, of al; moneys in the .;tatc ljoard of tiarbcr :xcn?inersl Zund for the purpose or carrying cut the provisions 

### OPthe Texns %rbzr Low, because the operation of the latter enactment, as m appropriation masure, 1s linltcd, by Article 8, Tection 6, Constl:ution of ‘iaxes, to twoyears from the date of its enactment in lS2S.

?~cnateBill !:o. 138, Chapter 504, Act? i.egular Zession, 45th i.cgisl?turs, being the dopnrtzcntal appro?rintiGn bill for the
years ending ;A.ul:ust31, 1038, and Anust 31, 1’:3S, pr0vidi.s for the State Board of Zarbcr

.xamluers, a budgeted appropriation fcr salaries andr~lctanance expenses in the total sun of ,62,420.00 for each of ebld years, andprovides additionally as follows:

## 753 B4@pmi4 ..Y ,.. Ron, X. J. Cartez, Pay 17, 1939,. Page 3

“The foregoing amount8 for the &ate hoard of Barber I,xamlners arci hereby ,approprlated out of the Ltate Board of Barber z.xamlners aund, composed of any b~lanceo on hand at the end of anypreceding fiscal’ year andsny fees and other receipts collected by soid board and deposited in said fUIId during and for each of the fiscal yc,:arsending August 31, 1938, and Au:~uot31, 1939, less transfers to the Ganeral Fundas provided by Statute and/or this appropriation Act. There Is appropriated and ordered transferred ~Z.ighteenHundred Ge;enty-five Doll&r8 por year from the State board of Barber ~xaminc~rs**Fund** tci tbe General Revenue Fundfor the purpose or paying the cost oi governmental scrviccs rendered to @aid Board by the Stata Departments supported by the General Fund.” Answering your second question first, it is our opinion that sameshould receive a negative answer. k ruling by this Department that the State Board of zarber Lxamlnors could Issue vouchers whereon warrants could lawtully issue, to cover salaries and admlnlotretive expenses l~ncurred during the fiscal year ending August 31, 1939, but to be paid from moneys coming into ‘the state Board of Barber Examiners*

### zaa from annual renewal fees after the termination of such flsoal year and during the succeeding flsc3l year, would be tantamount to saying that the above cited dnportnental appropriation bill should be effective for a lonqcr term than two years, in contravention 0TArticle 8, jectlon 6, Constitution of

‘i’exas, providing, in part, that no appropriation OSmoneyshall ts madefor a longer term than two years.

In addition to this constitutional inhibition, he have Article 12, Hevised Civil Statutes, providing, in part, that “the fiscal year of the State shall termioate on the 3let day of Aupust OSeach year and appropriations of the utate Government shall conform thereto.”

Boreover, wehave the express language of tbc above cited departmental appropriation b111, providing, in connection u,ith the budget for the t‘tate Board of Sarbcr Lxaniners, that the ar,.ounts so specifically ltezized are appropriated out of the state Board of Berber txaniners’ irund, “cox>csed of anybalnncea on handat the end of any preceding fiscal year and any fees and other receipts collected by said board end deposfted in said fund during andfor each of the fiscal years ending iiup;ust 31, 1938, aud;iuEust 31, 1939,‘I etc. !:anifeotly, annual renewal fees poyuble :Lvcmber 1, 1939, and ollocatcd -t,o

’t,he State Board of Darbcr Examiners’ <andafter Xu{:uZt :jl, 1939, u.ould not be v.ithln the foreg;lng appropriation, so as to be subject to warrants dravinpursuant to said appropriation for the bieanlux ending hugust 31, 193Q.

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### eon;tZ.

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### Daitez,Kay17,1939,Page4

Ournegetive answer to your second question also finds support ln former-oulnions of this Department, one of v.hlch 1s a letter o.>lnion of dtii.8December 16, 1931, written by ilon. Elbert Looper, th;.n Assistant Attorney General, end direoted to iion. C. v. ~2crral1, Chalnaan, Lailroad Commission of ‘Texas.

‘Byyour first question you ask 

### Ifthe L;tate Board of Darbar Xramlners oan operate Flthout requesting any aarrants to be 

### issuedagainstthe Ztote Board of Liarbcr .kxemlnersQ 

### r*lmd until such time as there shall have bosn aolloated sufficient revenue to take care of cutstandlng obl$gatlons, and this mii:ht Cuirly be Interpreted as a general statement OSyour second question, and embraaedEithln its mope. Eowever, assuming thst you xean to inquire If the Board maylawfully incur oblicatlons during a certain fiscal year, 

### and issue harrants th.:refor against future revenuee r.hlch it is 

### anticlpated 

### willcomeinto the State Board of Earber i.xaeiners’ i+‘und during that fiscel year, we answer such question affirmatively.

The case of Perguson, et al v. Johnson, et al, 67 S. F. 

### (Zd)372, is authority for the proposition that obligations wq 

### be incurred and liabilities contracted for during any fiscal year by boards and commissions oven though Sunds to. pay warrants drawn in payment thereof are not at the time actual1 in the sp:?cial fund ln question, but It is reasonably antic ~~~t~~~~s~~~~~~~e~~:~nues sufficient to ceet such obligat=; w funds during the same fiscal year. 3ut as ne reed this case, it does not m::!ento sapthat- or com?Qission ceri enticlpate prospeatlve revenues for the succeeding flocnl year or nnyother fi5ot31 year, except the one during which the obllgotlons and expenses were incurred, and our answer to your first question is so limited. Yours very truly

PbX:N hPPRO’iF?D

ATTOiCXNEY

GC:;.RAL07 l25XA.S 

### BY ..