, 

# THE ATFORNEY GENERAL OF TEXAS
**AURTIN.** 

# T-e **78711**

The Honorable John R. Bigham, Chairman Opinion No. H- 608 Environmental Affairs Committee House of Representatives Re: State funds which may Capitol Building be used by the Parks and Austin, Texas Wildlife Department for the construction ofaheadquarters building at McKinney Falls State Park. Dear Representative Bigham:

You have requested our opinion concerning the funds to be used for the construction ofa Parks andWildlife headquarters building at McKinney Falls State Park. You ask:

(1) Which state funds may be used b the Parks and Wildlife Department in constructing its new state headquarters on aportion ofMcKinney Falls State Recreation Park? (2) Is the erection of such abuilding aproper
“capital outlay” or other proper use offunds described in article 4386b-2, V.T. C.S.? (3) Is the erection of such abuilding aproper use ofTexas Parks Fund No. 31? Your attention is directed to the Parks and Wildlife Department’s appropriation inthe General Appropriations Act for the 1973-75 biennium, House Bill 139, 63rd Leg., Regular Session, 1973. Ina rider attached to the regular appropriations provisions for the Department, the Act provides for an appropriation of:

. . .the unexpended balance ofappropriations made tothe Parks and Wildlife Department for construction ofaState office building as provided inthe General Appropriations made by the Sixty-Second Legislature

. . .for the same purposes and subject tothe same restrictions for the biennium beginning September 1, 1973.

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. The Honorable John R. Bigham - Page 2 (H-608)

The current appropriation therefore appropriates the unexpended balance ofthe appropriation made inthe previous biennium, for the same purpose and subject tothe same restrictions.

The previous appropriation, found inSenate Bill 11, Acts 62nd Leg., Regular Session, 1971, as amended by Senate Bill 7, Acts 62nd Leg., 1st Called Session, 1971, was likewise inthe form ofa rider to the Department’s regular appropriations for the biennium ending August 31, 1973:

Inaddition to the funds appropriated hereinabove, there is hereby appropriated out of such funds as may be available to the Parks and Wildlife Department an amount NTE $8, 000, 000 for construction ofaState office building for the Parks andWildlife Department to be located at McKinney Falls State Park including facilities for wildlife scientific research and comprehensive park and statewide outdoor recreation planning. Such amount to cover planning, site development, professional services and fees, salaries and wages, capital outlay including utilities, equipment, park areas and other improvements related thereto and all other necessary costs and expenses whether by contract or direct payments. The current appropriation is made subject tothe same restrictions as the original appropriation, and the original appropriation was not limited to any specific funds butwas limited to atotal amount not to exceed $E,OOO,OOO. Therefore, the answer to your first question is that the current appropriation subject tothe “amount” limitation ofthe original appropriation, would.permit the use ofthe unexpended balances remaining atthe conclusion ofthe 1971-73 biennium in such funds as may have been available to the Parks andWildlife Department. The current Appropriation Act rider does not, in our opinion, appropriate additional money for such purposes. Itmerely reappropriates funds onhand but unspent during the previous biennium. See Attorney General Opinions WW-280 (1957), WW-23 (1957) and V-1117(1950).

Inanswer to your second question, Attorney General Opinion M-952 (1971) held that the funds available to the Department under the reappropriation may be transferred to the Operating Fund and expended for the construction ofthe building inquestion pursuant to article 4386b-2, V. T. C.S. See Attorney General Opinion M-574 (1970).

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,’The Honorable John R. Bigham - Page 3 (H-608)

Your third question refers specifically to Texas Parks Fund No. 31. This fundwas created by Acts 1971, 62nd Leg., ch.292, p. 1200 amending article 7.06, V. T. C.S. Tax-&n.

Fifty cents ofthe tax levied under this Article on each 1,000 cigarettes shall be credited to a new special fund known as the Texas Parks Fund which may be used by the Parks andWildlife Department for the ac uisition, plannin develo ment of state parks an i-E-!-- --e-a historicgiit%d

. . . mphasis added). InAttorney General Opinion H-575 (1975) we said “to the extent that the operational expenses ofthe Department are referable and allocable to the acquisition, planning, or development of state parks and historic sites, they may be financed from Texas Parks Fund 31.” Likewise, the use of Parks Fund 31is appropriate inthe construction of a Parks and Wildlife Headquartersbuildirg at McKinney Falls State Park, but only to the extent that the building is related to or will be used inthe acquisition, planning, and development of state parks and historic sites. See Attorney General Opinion M-952 (1971). What proportion ofthe buildingisallocable to those purposes is a question of fact. SUMMARY The current appropriation ofunexpended balances to the Parks and Wildlife Department for construction of aState office building atMcKinney Falls State Park is referable to the previous appropriation therefor; it authorizes expenditures ofbalances remaining at the close ofthe previous biennium inthe funds from which expenditures were previously authorized. Very truly yours,

JOHN L. HILL Attorney General ofTexas

p. 2695The Honorable John R. Bigham - Page 4 (H-608)

APPROVED:

NDALL, First Assistant

OBERT HEATH. Chairman Opinion Committee jwb

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