Ron C. H. Cavness 

State Auditor 

Austin, Texas 

Dear Sir: Opinion No. O-7077 

Re: 'Whether the Texas Prison System 

has authority to purchase small 

tools, implements, working livestock and breeding livestock anti 

pay for the same out of the "Prison &dustrial Revolving Fund." 

We have received your request for our opinion on the hareinabove captioned matter and we quote from your letter as follows: 

"In connection with our audit of the Texas Prison 

System we would like your opinion on the following. The 

current Departmental Appropriation Act includes the 

following as the first 'rider' on the appropriation to 

the Texas Prison System: 

'For the purpose of efficiency and economically 

purchasing supplies and materials necessary for 

the operation and maintenance of the Prison 

System's shoe shop, print shop, garment factory, 

textile mill, sugar mill, canning plant, agricultural and livestock program, license plate 

plant, brick plant? tannery, and any other 

industry of the Prison System, and for the.. 

processing, packaging and distributing the goods 

produced by the Prison Industries there is hereby 

reappropriated for each year of the biennium 

beginning September 1, 1945, the Prison Industrial 

Revolving Fund of 3 fty Thousand ($50,000.00) 

Dollars created by e hapter 403 (H.B.78) Acts of 

the First Called Session of the 44th Legislature 

and deposited in equal amounts in the First 

National Bank and the Huntsville National Bank 

in Huntsville, Texas, subject to and with the 

benefits contemplated in ~the provisions of said 

Act. The Prison Industrial Revolving Fund in 

the State Treasury and all deposits thereto 

during the biennium beginning September 1, 194.5, 

are appropriated for each year of the biennium 

and all withdrawals from the Prison Industrial 

Revolving Fund in the State Treasury made in 

carrying out said Chapter 403, shall be made on 

vouchers of the Prison System signed by the 
Hon. C. ‘6. Cavness - Page 2 

General Manager and Auditor of the Prison System 

and approved by the State Board of Control and 

the State Comptroller. The Comptroller shall 

issue his warrants in payment of said vouchers, 

when properly signed and approved, out of any 

money in said Treasury Account.' 

"The Prison System is depositing all funds received from 

the sale of farm products and livestock in the Prison Industrial 

Revolving Fund - we are sure this is the correct procedure 

and as was intended by the Legislature. 

We wish to ask if in your opinion it is proper for the 

Prison System to purchase from the Prison Industrial Revolving 

Fund, under the 'agricultural and livestock program' specified 

in the above rider, the following: small tools, implements, 

working livestock, and breeding livestock." 

Section 6, Article 8' of the Texas Constitution reads as 

follows: 

"No money shall be drawn from the Treasury but in 

pursuance of specific annropriationa made by law; nor 

shall any appropriation of money be made for a longer 

term than two years, except by the first Legislature 

to assemble under this Constitution, which may make the 

necessary appropriations to carry on the government 

until the assemblage of the sixteenth Legislature." 

We quote fran Senate Bill No. 317, Acts 49th Legislature, 

1945, Reg. Ses., page 90 7, (which is the General Appropriation E&l1 

for the Executive and Administrative Departments of State government), 

as follows: 

"For the purpose of efficiency and economically 

purchasing supplies and materials necessary for the 

operation and maintenance of the Prison System's shoe shop, 

print shop, garment factory, textile mill, sugar mill, 

canning plant, agricultural and livestock progradl, license 

plate plant, brick plant, tannery, and any other industry 

of the Prison System, and for the processing, packaging 

and distributing the goods produced by the Prison Industries 

there is hereby reappropriated for each year of the biennium 

beginning September 1, 1945, the Prison Industrial Revolving 

fund of Fifty Thousand ($50,000.00) Dollars created by 

Chapter 403 (H.B. 78), Acts of the First Called Session of 

the 44th Legislature and deposited in equal amounts in the 

First National Bank and the Huntsville National Bank in 

Huntsville, Texas, subject to and with the benefits contemplated in the provisions of said Act. The Prison Industrial 

Revolving Fund in the State Treasury,and all deposits thereto during the biennium beginning September 1, 1945, are 

appropriated for each year of the bieMiLUU and all with- 
Hon. C. H. Cavness - Page 3 

drawals from the Prison Industrial Revolving Fund in the 

State Treasury made in carrying out said Chapter 403, shall 

be made on vouchers of the Prison System signed by the 

General Eanager and Auditor of the Prison System and approved 

by the State Board of Control and the State Comptroller. 

The Comptroller shall issue his warrants in payment of said 

vouchers, when properly signed and approved, out of any 

money in said Treasury Account." 

In view of the foregoing, it is the opinion of this department that the Texas Prison System can legally make expenditures out 

of the "Prison Industrial Revolving Fund" 

mentioned appropriation bill. 

as is provided by the above 

There is an appropriation made for the 

"purpose of efficiently and economically purchasing supplies and 

materials necessary for the operation and maintenance of . . . . the 

agricultural and livestock program" and we think that this provision 

Includes expenditures for small tools and other items mentioned in 

your letter; Therefore, it is our opinion that the Texas Prison 

System is authorized to purchase and pay for small tools, implements, 

working livestock and breeding livestock out of the nPrison Idustrial 

Revolving Fund." 

JCD:ms:jrb 

Yours very truly, 

ATTORNEY GENERAL OF TZ.AS 

By /s/ J. C. Davis, Jr. 

Assistant 

APPROVED OPINION COIEITTEE 

BY WJF, Chairman 

4, .i 

APPROti FEB. 6, 194\(.'0'= 

t) 

/s/ Carlos C. Ashley 

FIRST AS%STANT 

ATTORNXY GFX'ERAL .'