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## E GENE 0 EXAS

October 8, 1953

Honorable Tom Sealy Chairman, Board of Regents University of Texas Box 670 Midland, Texas Opinion No. S- 103 Xe: Interpretation of appropriation for Post-Graduate School of Medicine ofthe University of Texas, contained in Section 1of Article V of Chapter 81, Acts Dear Mr. Sealy: ofthe 53rd Legislature, 1953.

you have requested our opinion as towhether the Board of Regents ofthe University ofTexas has correctly interpreted the appropriation for the Post-Graduate School ofMedicine ofthe University ofTexas, contained inSection 1ofArticle V of Chapter 81, Acts ofthe 53rd Legislature, 1953, page 127, atpage 3~13,to mean that expenditures from the $50,000 appropriated for the biennium beginning September 1, 1953, “need not be replaced by income received from tuition fees or otherwise.”

,A “revolving fund” has been defined as “abrief expression of recent coinage which usually refers to arenewable credit over adefined period. In simple parlance, itrelates usually to asituation where abanker or merchant extends credit for acertain amount which can be paid off from time to time, and then credit isagain given not to exceed the same amount. Itmay also mean afund which when reduced is replenished by new funds from specified sources.R United States v. Butterworth-Judson Corporation, 297 F. 971 (C.CA. 2d 1924, reversed 267 U.S. 387).

InWebster’s International Dictionary, 2nd Edition, the term “revolving fund” is defined as ‘A contingent fund created by the government from which loans may be made for some specific period and purpose, as for the purchase ofwheat, or to meet the deficiencies ofthe railroads; -- so called because the fund ‘revolves’, or completes inthe course oftime the circuit between loans and repayments.”Hon. Tom Scaly, page 2(S-103)

Unless the Legislature contemplated replenishment ofthe fund appropriated, there would have beenno reason for its use ofthe phrase “revolving fund”. As stated by the Court in G. C. &S. F. Ry. Co. v. Blum Independent School District, 143 S.W. 353 (Tex. Civ. App. 1912 Error Ref.), “every word is presumed tohave been intentionally used for the purpose of making clear the legislative intent.” And, “as ageneral rule, in construing statutes words are tobe given their usual and or’dinary meaning unless it clearly appears that a different meaning was intended.” Fletcher v. Bordelon, 56 S.W.2d 313 (Tex. Civ. App. 1933 Error Ref.).

In addition to so designating the “revolving fund,” the Legislature further provided inthe above mentioned Section that, “The revolving fund established by the above item shall be reimbursed out oftuition and other fees collected from physicians and other persons enrolling in post-graduate course’s offered or sponsored by the Post-Graduate School ofMedicine.” The ‘intentions” of the Legislature seems evident.

It is our opinion that any portion of the $50,600 expended should be reimbursed from “tuition and other fees c&L lected”, that only such portion of the $50,,000 should ‘be expe,nd’- ed as can reasonably be expected to be reimbur’sed from”such tuition and other fees, and that such tuition and other fees collected should be deposited to such revolving’ fund until all expenditures from the $50,000 have been reimbursed. ’

SUMMARY Any expenditures from the $50,000 revolving fund appropriated to the Post-Graduate School’ of Medicine of the University of Texas, by Section 1 of Article V of Chapter 81, Acts of the 53rd Legislature, 1953, should be reimbursed from tuition and other fees collected, and only such portion should be expended as can reasonably be expected to be reimbursed from such tuition and other fees collected, which should be deposited to such revolv’Hon. Tom Scaly, page 3(S-103)

,ing fund until all expenditures therefrom have been reimbursed. APPROVED: Willis E. Gresham Public Affairs Division Burnell Waldrep Reviewer Yours very truly, JOHN BEN SHEPPERD Attorney General

Robert S. Trotti First Assistant Assistant John Ben Shepperd Attorney General

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