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 of May 14, 1948, you state 

that various State ,schools and eleemosynary institutions had received meat subsidies from the Federal 

Government and that now the Reconstruction Finance 

Corporation on behalf of the Federal Government has 

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 subsidy payments 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 correct amounts 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 informed us 

that the meat subsidy payments received by these institutions have been credited to the general revenue fund. 
‘. 

Hon. Tom DeBerry, page 2 (Vi6051 

Article VIII, Section 6 of the Constitution 

of Texas , provides: 

"No money shall be dram from the 

Treasury but in pursuance of specific 

appropriations made by law a . *" 

38 Tex. Jur., Sec. 27, page 844, says: 

"Under the Constitution no money 

shall be drawn from the treasury but 

in pursuance of specific appropriations 

made by law - a prohibition-that may 

snot be 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 relator Manion 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 Treasurer had deposited the money in 

the general revenue fund. The Supreme Court said: 

"He (State Treasurer) in good 

faith deposited such money 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 

~entitled thereto. . . 

"It is undisputed that relator has . 

fully complied with the law and is entitled to be paid the sum of money claimed by him, It is not shown, however, 

that relator cannot obtain the money due 

him by another complete and adequate 

remedy. While it is true that the money 

due relator hasbeen placed in the general revenue fund, the Legislature has not 

refused to make a specific appropriation 

to pay relator's demand therefor." 
Hon. Tom DeBerry, page 3 (v-605) 

We have carefully examined Senate Bill No. 

374 passed by the 50th Legislature, in which current 

appropriations were made for the eleemosynary institutions involved herein. There is no fund in this 

appropriation bill out of which a refund could be 

made to the Reconstruction Finance Corporation for 

the alleged overpayments of meat subsidies. 

Since the subsidy payments have already been 

deposited in the general revenue fund and since there 

are no current appropriations out of which a refund 

could be made to the Reconstruction Finance Corporation, we are of the opinion that you 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 Reconstruction Finance 

Corporation refunds of overpayments of 

Federal meat subsidies received by State 

Eleemosynary Institutions, in the absence 

of an appropriation for that purpose. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

-, 

Clinton Foshee 

Assistant 

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