# TI-SE ATI-ORSEY GEXERAL OF TESAS
AUSITXS. 

# TR~LI~ 78711 February 17, 1977

The Ronorable Ii.Q. Sibley Executive Director OpinionNo. U-944
Texas Animal Health Commission Re: Whether the Texas .1020Sam Rouston State Office Animal Xealth Commission Building may purchaseuniforms for Austin, Texas 78701 inspectors.
Rear Dr. Sibley:
You have asked whether the Texas AnimalRealth Commission has authority to purchase uniforms for employees whostop and inspect livestock shipmentspursuant to article 70146,V.T.C.S. You also ask whether hats and boots constitute parts of the uniforms. You inform us thatyou purchased uniforms in 1975 and 1976. The Board of Control approved these items and the Comptrollermade payment,but the State Auditor questioned the purchase. The Legislature may not appropriatemoney for uniforms for the inspectors unless preexisting lawauthorizes the purchase. Tex. Const. art. 3, 9 44; AustinNational Rank v- Sheppard, 71 S.W.Zd 242 (Tex. 1934). Article 70146, pursuant to which the inspections take place, provides:

Section 1. Agents of,the TexasAnimal Health Commission shall have the right to stop and inspect all shipmentsof livestock or livestock products being transPorted into or through the State of Texas at any point or - _ place en-route in order to determine that

shiuments.

_ _ _

p. 3944. .’

The Honorable H. Q. Sibley -'page 2 (El-944)

Sec. 2. If any shipment of livestockor products thereof is being transported contrary to prescribed laws, rules, or regulations, it may be detaineduntil compliance is obtained. This may includeunloading said shipment from transportingvehicle

. . . . (Emphasisadded). Article 7014d does not expressly permit the purchase of uniforms for inspectorsor authorize the Commission to make rules to carry out itsprovisions. It merely grants a power that inspectors can exercise to enforce any laws, rules, and regulations applicable to the shipments. However, the provisions that the inspectorsenforce may provide preexisting authority for the purchaseof uniforms. For example, the Commission is required to adopt regulations relating to movement out of livestockmarkets to protect against the spread of disease. V.T.C.S. art. 7014c, S 2. It has the duty to protect livestock from a number of diseases and to establish quarantines. V.T.C.S. art. 7014f-1, 9 1. The Commission also must adopt rules for moving livestock into and out of Tick EradicationAreas. V.T.C.S. art. 70149-1, 99 1, 27. The roadside inspectionscarried out under article 7014d contribute to theperformance of theseduties. The Commission may adopt rules and regulations to carry out its statutory duties. V.T.C.S. arts. 7014c, 9 2; 7014f-1. 9 1; 7014g-1, SS 1, 27. We believe the Commission has sufficient authority to equip its inspectorswith.articles necessary to their performance of duties under article 7014d. If the Commission determines that uniforms are necessary to the efficient performance of the inspection duties, it may purchase them, providedan appropriation is available. See Attorney General OpinionsH-289 (19741;C-294 (19641;WWx5 (1960);O-6903 (19451. We cannot say that the provisionof uniforms would not furtherthe legislativepurpose of controlling various animal diseasesby inspecting livestock shipments. Uniformed inspectorsmay elicit greater cooperation from drivers than non-uniformed inspectors, particularlywhen they detain and unload vehicles under section 2 of article 7014d. We believe that there is sufficientpreexisting law on which theme

Legislaturecould base an appropriation for uniforms. The Legislature may appropriate money for uniforms to be worn by Inspectors, if doing so would serve a proper public purpose. See Tex: Const. art. 3, S 51; State v. - -

p. 3945The Honorable 8. Q. Sibley '-Page 3 (H-944)

city of Austin,331 S.W.Zd 737 (Tex. 1960);Attorney Generx Opinion H-289 (1974). The uniforms remain the property of the state, and although individualsmay derive some benefit from the expenditure, this does not make it one for a privatepurpose. Attorney General OpinionWW-865' (1960). There must be a specific appropriation for the purchase. .Tex.Const. art. 8, 9 6; see National Biscuit Corn an State, 135 S.W.2d 687 (Tex.1340). Thm1 .+i vea t Coaunission

appropriationfor 1974-75 provides in pertinent part:

includingbacterioloq&hl, ierological,

toxicologicaland pathological examination by interagencyor commercial contract. GeneralAppropriationsAct, Acts 1973, 63rd Leg., ch. 659, art. 3i at 1911-12. (Emphasisadded). -. .

The current appropriationsbill providesmoney for the following purposes: I., CentralOperations:

. . . . d. GeneralAdministration

. . . . 2. Eradicationand Control:

-
a. General Inspections

. . . . and Support -

GeneralAppropriations Act, Acts 1975, 64th Leg., art. 5, ch. 743 at 2550. (Emphasisadded).

p. 3946The Honorable Ii. Q.,Sibley k page 4 (E-944)

We believe that the underlined languageof these two provisions is sufficient to satisfy article 8, section 6. See Bullock v. Calvert, 480 S.W.2d 367 (Tex. 1972);Attorney-nGinion M-1105 (1972). We also believe that the Legislature has indicated its intent to permit thepurchase of uniforms. The appropriationsact contains the followingprovision:

LIMITATIONSON USE OF APPROPRIATED **FUNDS.** Funds appropriated in articles I, II, and III **of** this Act

. . . shall be expended only for items set out in the Comptroller'sWanual of Accounts, Expenditure Classificatiomexive November 1, 1965, as amended, insofar that agencies expending said appropriated**funds** shall have existing statutoryauthority for such expenditures and that such expenditures are not limited or prohibitedelsewhere in this Act. Acts 1975, 64th Leg., ch. 743, art. 5, S 10 at 2852. See Acts 1973, 63rd Leg., ch. - 659, art. 5, S 10 at 2202. - This sectionpermits expendituresfor items listed in' the Comptroller'sManual of Accounts, if the agency has statutory authority for the purchase and if the Act does not elsewhere limit the expenditure. The Comptroller'sManual, ExpenditureClassification 013, includesclothing anh-- uniforms alongwith other items. We have determined that the Commissionhas statutory authority for the purchase, and we find no limitationor prohibitionon the expenditure in the appropriationsbill. In fact, the Legislature has acquiesed in agency decisions to buy parts of uniforms. In AttorneyGeneral Opinion WW-865 (1960),this office determined that the Texas Youth Councilcould buy uniforms from an "operatingexpenses" item. We have discerned no legislativeeffort to overturn that decision or to prohibit the purchaseof uniforms unless the appropriationsbill expresslymentions them. The Animal Health .Commission informsus that it has in the past bought coveralls, badges, and rubberboots without legislativeobjection. We believe that the Legislature's acquiesence iii such purchases h& indicated its intent to permit the purchaseof uniforms from its appropriation to the Animal Health Commission. See Jes~sen

Associates v. Bullock, 531 S.W.Zd 593 (Tex. 1976). Kc-e that the A?&mth Commission could DurChaSe uniforms for inspectors from both its 1973 and 1974 appropriation and its current appropriation..

p. 3947

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The Honorable H. Q. Sibley A page 5 (H-944)

Your second question concerns the itemswhich constitute the uniforms. The answer to this questiondepends on an evaluation of the circumstances of employment, including the inspectors'duties and working conditions and the purpose served by the item, and requires the investigation and resolution of fact questions. Since we have no authority to resolve questionsof fact, we cannot answer your second question. The decisionas to the composition of the uniform lies within the agency'sdiscretion to be exercised in good faith, in light **of** the principles of law we have outlined, and in awareness of the constitutionalprohibition against granting benefits to individualswithout a proper public : 'purpose. Tex. Const. art. 3, 9 51. SUMMARY The Animal Health Commission is authorized to purchaseuniforms for inspectors in its Complianceand Enforcement Division. Whether particularitems form parts of the uniforms depends on the resolution.of fact questions and thereforecannot be determined through the opinionprocess.

APPROVED: 'J

Opinion Committee jwb

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