### RNEYGENERAIL OR? TEXAS Aus-rm.T~XAs

Hon. Tom DeBerry Board of Control Austin, Texas June 16, 1948 Opinion No. V-605 Re:

Dear Sir: The authority of the Board of Control to make refunds of overpayments of Federal meat subsidies to State eleemosynary institutions.

In your letter ofMay 14, 1948, you state that various State ,schoolsand eleemosynary institutions had receivedmeat subsidies from the Federal Governmentand that now the Reconstruction Finance Corporation on behalf of the Federal Governmenthas made claim against the Board of Control for overpayments in the amounts set out to the following institutions: Abilene State Hospital
..........$ 88.88 Gatesville State School for Boys 76.59 Gainesville State School for Girls 42.87 State Tuberculosis Sanatorium.... 436.79 Terre11 State Hospital
.......... 1037.23 You further state that all meat subsidypayments were eventually deposited in the State Treasury. Your inquiry is as follows:

Whether we would be authorized to make a refund payment to the Reconstruction Finance Corporation for the amounts shown above if such amounts are found to be the correctamounts of overpayment." Article 3179, V. C. S. directs the State Treasurer to deposit all money received from the institutions involved to the credit of the general revenue fund of the State. The treasurer has informedus that the meat subsidypayments received by these institutions have been credited to the general revenue fund.‘

.

Hon. Tom DeBerry, page 2 (Vi6051

ArticleVIII, Section 6 of the Constitution of Texas,provides:

"Nomoney shall be dram from the Treasury but in pursuance of specific appropriationsmade by law a . *" 38 Tex. Jur., Sec. 

### 27,page 844, says: "Under the Constitutionno money shall be drawn from the treasury but in pursuance of specific appropriations made by law - a prohibition-thatmay snotbe ignored or evaded." (Underscoring ours.) The case of Manion v. Lockhart, State Treasurer; 114 S.W.(2d) 216, 131 Tex. 175, involved a similar question. In this case relatorManion applied for a writ of mandamus to compel the Treasurer of Texas to pay to him a sum of money which legally belonged to him. The State Treasurerhad deposited the money in the general revenue fund. The Supreme Court said:

"He (StateTreasurer) in good faith deposited suchmoney in the general revenue fund, which now requires that it be appropriated by the Legislature in accordance with the provisions of section 6 of article 8 of the Constitution. Respondent does not now have in his possession such funds, and, therefore,he is unable, without an act of the Legislature, to pay same to those ~entitledthereto.
. . "It is undisputed that relator has
. fully compliedwith the law and is entitled to be paid the sum ofmoney claimed by him, It is not shown,however, that relator cannot obtain the money due him by another completeand adequate remedy. While it is true that the money due relator hasbeen placed in the general revenue fund, the Legislaturehas not refused to make a specific appropriation to pay relator'sdemand therefor."Hon. Tom DeBerry, page 3 (v-605)

We have carefully examined Senate Bill No. 374 passed by the 50th Legislature, in which current appropriationswere made for the eleemosynary institutions involvedherein. There is no fund in this appropriationbill out of which a refund could be made to the Reconstruction Finance Corporation for the alleged overpaymentsof meat subsidies.

Since the subsidy paymentshave already been deposited in the general revenue fund and since there are no currentappropriations out of which a refund could be made to the ReconstructionFinance Corporation, we are of the opinion thatyou are not authorized to make such a refund.

Having answered your first question in the negative,we do not deem it necessary to answer your second question. SUMMARY

Under the circumstances stated, the State Board of Control is not authorized to pay to the ReconstructionFinance Corporationrefunds of overpayments of Federalmeat subsidiesreceived by State Eleemosynary Institutions, in the absence of an appropriation for that purpose. Yours very truly, ATTORNEY GENERAL OF TEXAS

-, Clinton Foshee Assistant CF:mw:erc