.i 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

QausGYur P \ 

Man‘- 

, ’ 

Honorable Barry iinor, Chpirman, 

State ltoard of Control 

Austin, Tesas 

-Dear Dr. Knox) 

nci various other papers and let- 

,, 

l l'hiti work was begun during: th, fiscal 

year endlnt~ August 31, 1940, anti the'State 

noard of Control, as the authorized sponsor 

or this w. P. A. projeot, ordorod tho transfer of tho sum of $13,246 from tho Iiormille 

Stab tinnnturium's support and molntonance 

appropriation for the year ,?ndir.g hug. 31, 
Lion. Harry Lnox - pga 2 

1940, to that institutionls appropriation 

ror general repairs and imprwements. 

This amount represented the Sponeor*s 

share in payment for this projeot, which 

the Federal Qoverument has agreed to 

ma%h vith $13,400~ the estimated total 

oost of the project Is $26,666. 

'The Federal Government furnishes all 

common labor .for this prejeat from its 

1. P. A. nolle, but this Board is required 

to furnish a Sponsor's Superintendent, rhlch 

it has done. The rork has neoeasarily extended beyond tho fiscal year endlng Aug. 31, 

1940, and -is etlll in progress. Thererore, 

this Board has submitted to the State Comptroller 8 payroll, 8 COW of vhioh is enolosed hererpith, requesting payment of the 

Sponsor*e Superintendent's salary for the 

month of Septonbcr, 1940, out of the Ilerrrille State Sanatorium*s appropriation for 

general repairs and imprwoments for the 

fiscal year ending Aug. 31, 1940, since the 

work was agreed upon and begun by the Board 

of Control and the Federal Gwernmont in the 

last fiscal year, and a oertain sum eras earmsrkeii and set aside out of appropriations 

ror that year to proride full payment for 

the sponsor's share of the prbjeot.. The 

Oomptrollervs office has refused to apprwe 

payment 0r this payroll out of last yonr~s 

appropriation for that purpose. 

aIn ties or the ro4ts abwe presented, 

aud in view of the lmportanoe of this question In connection with possible future 

building projects which oannot be aompletod 

within the term of oue fiscal year, your 

valued opinion IS reepeotfully requested on 

tho fOllOWing quostionst 

'1. Can tho salary of the Spon80r1s 

Superintendent and other neoeseary rorkmen 

on thiis w. P. A, projeot for work done in 

the present fiscal yoar on said projoot be 

paid out of an appropriation for the precod- 
. - 

Hon. Barry iinos - p8ge 3 

ing fiscal year, whoro tho project was 

agroed up@n, begun, md money set aside 

in paynxvnt therofor in said proceding 

fiscal year? 

'2. In general, whera the Board of 

Control enters into a oonstruction or 

slmllar projoots, purchnsing its own 

materials 8nd hirlng It8 own workmem for 

the project, the time for completion.of 

which will of necessity extend beyond the 

term of the fiscal ye8r in which an appropriation is set aside in full payment for 

such project, can the workmen on such project be paid for work done in a subsequent tiscal year out 0r a preceding 

year's appropriation which has been so 

earmarked?* 

ye are of the oplnlon your questions should 

be answered in the negative. 

These answers are controlled by the following considerations and opinions of this dey8rtmontt 

Under Seotion 0, of Article VIII of the Ccnstitution, no appropriation of money my be ruzde by the 

Legislature for 8 longer torn than two years. Uorcover, the biennial appropriations by tho Lcgislaturo 

are in truth onuual a?prq3rintions for the term of two 

years, and the balance of sums appropriated for a given 

fiscal year revert to the Stat0 at ths end Of that fiscal year, in the absence of 8 specific re-nppropriation. 

It is the policy and nonnin,g of the 1~ that 

the appropriation is to be ospsn:l~.? :iUYi.?J~ the year for 

which It was made. 

It does not follow, howovor, thnt an approyriati.on for use during the scconc1 fiscal yc3r <IT th? 

biennium ray not be expended or committed durlnl: the 

first year. In other words, 8 purchnse or contract 

contemplating an expenditure from the npproprlation 

for the secoti year of a biennial period may neverthcloss be validly onterod IntO dUriW the first ye8r, 

where the supplies or equipment ara not to bo delivered 

or used, or the servioes are not to be performed until 
Bon. Sarry Knos - pogc 4 

the secoxl year. Actual delivery, or performance, however, is not 81~8~s the test. See our Opinion No. 

O-2631. The question propounded by your letter, horover, la not answered by these consirisrations, because 

it opp3ars Lhs impx?scment for which the appropriation 

was made so far as tho second fisoal year la concerned 

has not only not bean ootuolly done, but thers has 

bcon no oontract for it, nor oommitment of any funds 

8v8llablo for the second year. The Board can not by 

the notional lrwthod of attempting to earaabrk the funds 

avoid th3 lzgal effeot or the lapse of the oppropriotion for the axpirod year. This would IIO doing IndWoct- 

:y what cm not bo done dlreotly, and, moreover, would 

bs to dafoat the very purpose of the annual fonture of 

the approprlatlon. See our Opinion No. O-320, wherein 

we aaidt 

8111 answer to the three inquirlos propounded iu your request, we hold that the nppropriation effected under Section 18 of 

Article 6221~ termiuatea by llaitation of 

Seotion A of Article VIII of the Constltution of the State or" Texas two years after 

ths effective date Of the Steam iloilor Inspxtion Act, 8nd that whereas the moneys 

in tha *State boiler Inspection Fuud* 

oreated thereby 8re earmarked for the 

purpom of the dot 8nd dedioated thereto, 

neyerthelesa they can not be expouded after 

the oxpir8tion or the original appropriation 

without further legislatito action.. 

The principle announced in the Ireceding quotat5.on gomrns the situation hare, and the sponsor superintendent and worhmen on the subject Fojcct may not be 

paid for work Cone in a subsequent fiSC81 year out Of 8 

preceding year's appropriation where, as here, there has 

been no contract Wh8tSOQvQr binding, or 8ttOmpting to 

bind, such procoding year's appropriation. 

the plan of the yrojeot does not purport to 

bind the United States, neither does it purport to bind 

the moard of Control to complete the task begun. It is 

optional with the Hoard, and thero is nothing which Could 

be hold. to be an oxpendituro, commitment or charge whataoover upon the appropriation for the first fiscal year 
. ” 

fan. &wry laox - po@ 6 

of the funas rendmIng at the end of that year. This 

1~ in&spensable to avolil a reversion thereof. 

ATTORNfiT GiXNERAL OF TEXAS 

BY 

OS-MB