GENERAL T!EE ORNEY

OF EXAS

HonorableRobert S. Calve?-% OpinionNO. 7~381 Comptrollerof PublicAccounts Austin, Texas Re: Whether funds in Workmen's Compensationl?V.nd No. 94 are available for transfer to the Central Bear Mr. Calvert: Education Agency.

You have requested an opinion from this office upon the question of whether, under the facts hereinafter set forth, there are funds available in Workmen's CompensationFund No. 94 which may be transferred to the Central EducationAgency pursuant to the provisions of Senate Bill 1, Acts of the 57th Legislature,First Called Session, 1961, chapter 62, page 287.

Senate Bill 1, in the departmental appropriation to the Central EducationAgency, provides that:

“(3) Out of an -trial
by Interagencyagreement to the Central Education Agency to be used in the rehabilitationof injuredworkmen pursuant to H.B. No. 433, Fiftyfifth Legislature,R.S., 1957, such sums as may be availablebut not to exceed

. . . $45,000." IEmphasis added) 1 Senate Bill 1, in the departmentalappropriation to the IndustrialAccident Board, provides that:

"From revenues received during the biennium beginning September 1, 1961, and any balances on hand at the beginning of each fiscal year of said biennium, the above Itemized appropriationsare to be paid from the following funds: I,

. . .

1,

. . . For



# h the years Ending ugust 31, August 31, 1962 196g.”

Honorable Robert S. Calvert,page 2 (~~-1381)

"WorkmentsCompensation Fund No. 94 265, ooo 265,000~~
In connectionwith these provisions of Senate Bill 1 your letter reveals that the revenues receivedby Workmen's CompensationFund No. 94 Is on a calendaryear basis and the deposits to this fund, except for certain small interest deposits, are made during the sprin months. The deposits to this fund have, over the past five $5) years, averaged $262,000 per year, and for the calendaryear 1961 the deposits totaled $276,579. The deposits for calendaryear 1961were made during the spring months of 1962, and the presentbalance In Workmen's Compensation Fund No. 94 exceeds the amount necessary for the Industrial Accident Board's operationsuntil the end of its fiscal gear on August 31, 1962. Furthermore, the present balance in Workmen's CompensationFund No, 94 is sufficient to make a transfer of funds to the Central EducationAgency provided that it can be "assumed" that adequate deposits will be made toWorkmen's CompensationFund No. 94 during the springmonths of 1963 to cover the IndustrialAccident Board's appropriated expenditures during the last half of fiscalyear 1963. At the beginning of the presentbiennium on September 1, 1961, there was a balance of $143,531 inWorkmen's CompensationFund No. 94.

The appropriation contained in Senate Bill 1 to the IndustrialAccident Board from Workmen's CompensationFund No. 94 is in itselfbased upon anticipated or assumed revenueswhich will be ,deposltedin this fund during the course of the biennium. As the actual revenues to this fund are incapable of being more than estimated, the Legislature itselfwould have had to rely upon past deposits to this fund In determining future revenues to the fundwhich would be available for appropriationduring the presentbiennium. This being the case,we can see no objections to a determination that funds are available for transfer to the Central EducationAgency fromWorkmen's CompensationFund NO. 94, based upon assumed revenues toWorkmen's Compensation Fund No. 94 during the remainder of the present biennium.

The determination of whether funds will be available for transfer out of Workmen's CompensationFund No. 94 to the Central EducationAgency must of necessitybe based upon anticipated revenues to the fund In conjuhctionwith specific appropriations out of the fund and existingbalances in the fund. To eliminateanticipated revenue,based upon past experience, in makinp a determinationof whether funds will be available for transferwould be tantamount to the Legislatureauthorizing a transfer of the funds and at the same time denying the means to attain the end result,Honorable Robert S. Calvert,page 3 (WW-1381)

This office held In Attorney General's Opinion No. WW-779 (1960) that the transfer of funds fromWorkmen's CompensationFund No. 94 to the Central EducationAgency, pursuant to language identical to that contained in Senate Bill 1, was a valid transfer of such funds. As House Bill 433, Acts of the 55th Legislature,Regular Session, 8306, Section 7, VernonIs Civil Statutes (codifiedas Article contemplatesand Senate Bill 1 authorizes the transfer of funds from Workmen's Compensation Fund No. 94 to the Central EducationAgency, it must follow that In the language of Attorney GeneralIs-bpinionNo. WW-779 (1960) that:

11 .Whenevera power and duty Is given by statutl iverythlngnecessary to make it effectual or requisite to attain the end is implied, siuch grants being construed so as to Include the authority to do all things necessary to accomplish the objects of the grant.
. . .'I,
Is applicable to the present question also.

Consequently,anticipated revenues to Workmen's Compensation Fund No, 94 can be taken Into consideration in determining whether funds are available for transfer to the Central EducationAgency fromWorkmen's CompensationFund No. 94. SUMMARY Anticipated revenues to Workmen's Compensation Fund No. 94 can be taken into consideration In determiningwhether funds are available for transfer to the Central Education Agency from Workmencs CompensationFund No, 94.
Yours very truly,
WILL WILSON Attorney General of Texas

PB:wb:mkh
APPROVED: OPINION COMMITTEE By: Pat Bailey 0 AssistantHonorable Robert S. Calvert,page 4 (WW-1381)

W. V. Geppert, Chairman .John Reeves Elmer McVey Tom Hunter REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore