Ron C. H. Cavness

StateAuditor Austin, Texas

Dear Sir: OpinionNo. O-7077

Re: 'Whetherthe 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 captionedmatter and we quote from your letter as follows:

"In connectionwith our audit of the Texas Prison System we would like your opinion on the following. The currentDepartmentalAppropriationAct includesthe following as the first 'rider'on the appropriationto the Texas Prison System:

'For the purpose of efficiency and economically purchasing supplies and materials necessary for the operationand maintenance of the Prison System's shoe shop, print shop, garment factory, textilemill, sugarmill, canningplant, agriculturaland livestock program, license plate plant, brickplant? 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 reappropriatedfor each year of the biennium beginningSeptember 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 44thLegislature 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 ~theprovisions of said Act. The Prison IndustrialRevolving 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 Treasurymade in carrying out said Chapter 403, shall be made on vouchers of the Prison System signed by theHon. C. ‘6.Cavness - Page 2

General Manager andAuditor of the Prison System and approved by the State Board of Control and the State Comptroller. The Comptroller shall issuehis warrants in payment of said vouchers, when properly signed and approved, out of any money in said TreasuryAccount.'

"The Prison System is depositingall 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 IndustrialRevolving Fund, under the 'agriculturaland livestockprogram' specified in the above rider, the following: small tools, implements, working livestock, and breeding livestock."

Section 

### 6,Article 8'of the Texas Constitutionreads as follows:

"Nomoney shall be drawn from the Treasury but in pursuance of specific annropriationamade by law; nor shall any appropriationof 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 sixteenthLegislature."

We quote fran Senate Bill No. 

### 317,Acts 49th Legislature, 

### 1945,Reg. Ses., page 

### 90 7, (whichis the General Appropriation E&l1 for the Executive and AdministrativeDepartments of State government),
as follows:

"For the purpose of efficiencyand economically purchasing supplies and materials necessary for the operationand maintenance of the Prison System's shoe shop, print shop, garment factory, textilemill, sugarmill, canningplant, agricultural and livestockprogradl, license plate plant, brickplant, tannery, and any other industry of the Prison System, and for the processing,packaging and distributingthe goods produced by the Prison Industries there is hereby reappropriatedfor each year of the biennium beginning September 1, 1945, the Prison IndustrialRevolving fund of Fifty Thousand ($50,000.00)Dollars createdby 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 theHuntsville National Bank in Huntsville, Texas, subject to and with the benefits contemplated in the provisionsof saidAct. The Prison Industrial Revolving Fund in the State Treasury,andall deposits thereto during the bienniumbeginning September 1, 

### 1945,are appropriated for each year of the bieMiLUU and all with-Hon. C. H. Cavness - Page 

### 3

drawals from the Prison IndustrialRevolving Fund in the State Treasurymade in carrying out said Chapter 403, shall bemade 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 issuehis warrants in payment of said vouchers,when properly signed and approved, out of any money in said TreasuryAccount."

In view of the foregoing, it is the opinion of this department that the Texas Prison System can legallymake expenditures out of the "Prison IndustrialRevolving Fund" mentioned appropriationbill. as is provided by the above There is an appropriationmade for the "purpose of efficiently and economicallypurchasing supplies and materials necessary for the operation andmaintenance of

. . . . the agriculturaland livestockprogram" andwe think that this provision Includes expendituresfor 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 .'