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 following provisions in the general appropriation blll for the biennium ending August 31, 1953: 

"TEXAS LEGISLATWE COUNCIL 

"Subject to 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 Thousand Dollars ($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-first Legislature, 1949. 

Any unexpended balance remaining at the end 

of the fiscal year 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 further provided that, out of 

the appropriation herein made to the Texas 

Legislative Council a maximum of Three Thousand Dollars ($3,000) shall be expended by 

the Civil Judicial Council for research and 

expenses (per Senate Bill No. 52, First 

Called Session, Forty-first Legislature)." 

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 language used in 

making the appropriation to the Civil Judicial Council is 

ambiguous because there are two appropriations to the Legislative Council -- one for each fiscal year, The phrase 

(Iout of the appropriation herein made" could be Interpreted 

to mean that the Civfl Judicfal Council %s to receive $3,- 

000 out of the appropriation made each year to the Legislative Council or $3,000 out of the total appropriation to 

the Legislative Council 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 appropriations previously made to this Council. 

The Civil Judicial Council was established by a 

general statute passed 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 

council members and sets forth the duties to be perf'ormed. 

Among the provisions are the. f"olldwlng: 

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

!, 

. . . 

“5. ,To make a complete detailed 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 supplemental reports from time to tfme as 

the Council may deem advisable. All such reports 

shall be considered public reports and may be 

given to, the press asp sbon, ads filed. 

“6 : To make investigations and reports upon such matters, touching the administration of 

civil justice as may be referred to the Council 

by the Supreme Court or the ,Legislature. 

“7 . To hold orie meeting~ln each calendar 

year, and such,other meetings 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 designated by it 

or under Its authority; provided, that the 

first meeting 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 

such member, but shall be paid his actual 

traveling and other necessary expenses incurred in the discharge of his duties as such 

member to be paid upon veriried, itemized account approved by the President of the Council. The necessary clerical expenses of the 

Council and its officers and committee shall 

be paid in like ma.nner. " 

Thus, it is seen that the act requires certain 

yearly reports and meetings and provides that the necessary clerical and other expenses shall be paid by the 

Sta.te. However, this is not an appropriation, and the 

Legislature has the power to appropriate or to refuse 

to appropriate the necessary money. State v. Steele, 

57 Tex. 200 

S.ti. 578 B 

1882); Linden v. Finley 

(18 9); Att'y Gen. Op. V-12&'9T1$?j. 

451, lrs 

Except 

for the depression years of 1933-34, the Legislature has 

appropriated money to the Civil Judicial Council for each 

fiscal year of its operation. Since 1945 the appropriation has been $3,000 per fiscal year. 

The rider In the general appropriation bill 

states that the appropriation therein made is ior research 

and expenses "per Senate 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 legislative appropriations per fiscal year since the establishment of the Council, we are of the opinion that the ambiguous language ~~~1st 

be interpreted as appropriating to the Civil Judicial Council $3,000 out OP the appropriation made to the Legislative 

Council each year, or a total of $6,000 for the biennium. 

P 
Hon. 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 legislative history of having always made the appropriation per 

fiscal year, the ambiguous language must be interpreted as appropriating $3,000 per fiscal 

year to the Civil Judicial Council. 

APPROVED: Yours very truly, 

C. K. Richards PRICE DANIEL 

Trial & Appellate Division Attorney General 

Jesse P. Luton, Jr. 

Reviewing Assistant By&$,+.,&ti,& 

E. 'Way Thode 

Everett Hutchinson Assistant 

Executive Assistant 

EWT:et