Hon. Leon Jaworski, President

Texas Civil Judicial Council Houston 2, Texas

Dear Sir: Opinion No. v-1312 Re: Amount appropriated for research and expenses of the Civil Judicial Council during the biennium ending August 31, 1953.

You have requested an opinion oi this office relating to the followingprovisions in the general appropriation blll for the biennium ending August 31, 1953:

"TEXASLEGISLATWE COUNCIL "Subjectto the provisions appearlng at the end ol this Article there is hereby appropriated out of the General Revenue Fund to the Texas Legislative Council for each of the fiscal years of the biennium ending August 31, 1953, the sum of Flltyfive ThousandDollars ($55,000)for the payment of salaries and other necessar’ y expenses in carrying out the provisions of Senate Bill No. 316, Acts of the Regular Session, Fifty-firstLegislature, 1949. Any unexpendedbalance remaining at the end of the fiscalyear August 31, 1952, is hereby reappropriated to the Texas Legislative Council for the fiscal year ending August 31, 1953, for the purposes set out above.

"It is furtherprovided that, out of the appropriationhereinmade to the Texas LegislativeCouncil a maximum of Three Thousand Dollars ($3,000)shall be expendedby the Civil Judicial Council for research and expenses (per Senate Bill No. 52, First Called Session, Forty-firstLegislature)." H. B. 426, Acts 52nd Le 499,p. 1228, at p. .,R.S. 1951, ch. 137 8

.Hon. Leon Jaworski, Page 2 (V-1312)

Your specicic question is whether the above pro- -

vision appropriates $3,000 for each fiscal year or $3,000 for the blennlum to the Civil Judicial Council.

We are OP the opinion that the languageused in making the appropriation to the Civil Judicial Council is ambiguousbecause there are two appropriations to the Legislative Council -- one for each fiscal year, Thephrase (Iout of the appropriationhereinmade" could be Interpreted tomean that the Civfl Judicfal Council %s to receive $3,- 000 out of the appropriationmade each year to the Legislative Council or $3,000 out of the total appropriation to the LegislativeCouncil 10~ the biennfum. When there is an ambiguity in a statute, the Intent of the Legislature must be ascertained and that intent carried out in interpreting the ambiguous language. Lone Star Gas Co. v. State, 137 Tex. 279, 153 S.W. 2d 681 (1941). Our only guide to the legislative intent is the past legislative history of the Civil Judicial Council and the appropriationspreviouslymade to this Council.

The Civil Judicial Council was establishedby a general statutepassed by the Legislature in 1929. S.B. 52, Acts 41st Leg., 2328a,V.C.S.). 1st C.S. 1929, ch. 19,p* 51 (Art.

The Act makes provision for appointing councilmembers and setsforth the duties to be perf'ormed. Among the provisions are the.f"olldwlng:

"Sec. 5, It shall be the duty of the Council:

!,

. . . “5. ,Tomake a completedetailed report, on or before December 1st OP each year, to the Governor and to the Supreme Court, of all Its proceedings, suggestions~ and recommendations,and such supplementalreports from time to tfme as the Councilmay deem advisable. All such reports shallbe consideredpublic reports and may be given to,the press aspsbon, adsfiled.
“6: To make investigationsand reports upon suchmatters, touching the administration of civil justiceas may be referred to the Council by the Supreme Court or the ,Legislature.
“7

. To hold orie

meeting~ln each calendar year, and such,othermeetings as may be ordered

.,. I. -

,-.. Hon. Leon Jaworski, Page 3 (V-1312)

by the Council or under its authority, and at such time and place as may be designatedby it or under Its authority;provided, that the firstmeeting of said Council shall be held prior to October 6, 1929,upon call of its president. !,

. . . "Sec. 7. No member of the Council shall receive any compensation for his services as suchmember, but shallbe paid his actual traveling and other necessary expenses incurred in the discharge of his duties as such member to be paid upon veriried, itemizedaccount approved by the President of the Council. The necessary clerical expenses of the Council and its officers and committee shall be paid in likema.nner. " Thus, it is seen that the act requires certain yearly reports and meetings and provides that the necessary clerical and other expenses shallbe paid by the Sta.te. However, this is not an appropriation,and the Legislaturehas the power to appropriate or to refuse to appropriate the necessarymoney. State v. Steele, 57 Tex. 200 S.ti.578 B1882); Linden v. Finley

(18 9); Att'y Gen. Op.V-12&'9T1$?j. 451, lrs Except for the depressionyears of 1933-34, the Legislaturehas appropriatedmoney to the Civil Judicial Council for each fiscal year of its operation. Since 1945 the appropriation has been $3,000per fiscalyear.

The rider In the general appropriationbill states that the appropriation thereinmade is ior research and expenses "perSenate Bill No. 52, First Called Session, Forty-First Legislature." The appropriation is therefore to be expended In part for the expenses of the rc~quired yearly reports and meetings. In the light of the above provision and the general history of legislativeappropriations per fiscal year since the establishmentof the Council, we are of the opinion that the ambiguous language ~~~1st be interpretedas appropriating to the Civil Judicial Council $3,000 out OP the appropriationmade to the Legislative Council each year, or a total of $6,000 for the biennium.

PHon. Leon Jaworski, Page 4 (V-1312)

SUMMARY
The provision in the general appropriation bill (H.B.426, Acts 52nd Leg., R.S. 1951, ch. 499, p. 1228, at p. 1378)making an appropriation to the Civil Judicial Council Is ambiguous. In the light of the statutory requirements of yearly reports and meetings and the legislativehistory of having alwaysmade the appropriationper fiscal year, the ambiguous languagemust be interpreted as appropriating $3,000per fiscal year to the Civil Judicial Council.

APPROVED: Yours very truly,

C. K. Richards PRICE DANIEL Trial & AppellateDivision Attorney General

Jesse P. Luton, Jr. Reviewing Assistant By&$,+.,&ti,& E. 'Way Thode EverettHutchinson Assistant ExecutiveAssistant

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