December 9, 1965

Mr. F. R. Booth Opinion NO. c-563 Executive Director Texas Water Rights Commission BOX 12396 Re: Whether Section 11 of
Austin, Texas 78711 Article 7477, Vernon's Civil Statutes, Includes, by Implication,

authorlzatlon for the Comptroller of Public Accounts to establish specialaccounts for the receipt and dlsbursement of funds received by the Commissionby beDear Mr. Booth: quests and gifts.

your letter of October 26, 1965, requestingan opinion of this office reads, In part, as follows:

"The Texas Water Rights Commissionhas occaalon to receive grants or donationsof money from various people and political subdivisions of the State that are InterestedIn water develo ment

fk and management. Section 11 of Article 7 77, V.A.C.S. enacted by the 59th Legislatureprovides that this Agency may ;z;E;sln such cooperative work. It Is as :
"The (TexasWater Rights) Commission, in performingthe duties prescribedby this Chapter,may cooperatewith agencies of the United States, with other agencies of this state or of any other state, with political subdivisions

and municipal corporationsof the state and with persons and corporations.'

"The Comptrollerof Public Accounts advises us that H.B. 12, setting forth the appropriationfor the Texas Water Rights Commlsalon, did not establish special accounts

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for funds received for contractedusea. Re concludesthat his office Is without authority to approve dispersal of these funds. We believe that the statutoryauthority to receive donated funds Includes,by necessary implication, the authority for the Comptrollerto establish special accounts for donated funds and to pay the same for servicesperformed In accomplishing the purposes for which the Punds are donated.
"Sincewe will be unable to act under Section 11 until this conflicthas been resolved,
we request your opinionwhather Section 11 of Article 7477 Includesby necessary implication the authorityand duty OF the Comptrollerof Public Accounts to establish special accounts for receipt and dlflpersal of funds received by the Commission.

Senate Bill 145, Acts 59th Leg., R.S., 1965, Ch. 296, p. 583, amendingArticle 7477, Vernon's Civil Statutes, and entitled the Water Rights CommissionAct, provides In part:
"fSectlon11. The Commission,In performing the duties prescribedby this Chapter,. may cooperatewith agencies of the United States, with other agencies of this state or of any other state, with political subdivisions and municipal corporationsof the state and with persons and corporationa."
Section 11 of Senate Bill 145 clearly provides that the Water Rights Commission may cooperatewith lndlvlduals, corporations,

and governmentalagencies in performingthe duties prescribedby the Water Rights CommissionAct.

Section 26 of Articlev, House Bill 12, GeneralAppropriations,

Acts 59th Leg., R.S., 1965, provides:

"sec. 26. ACCEPTAECEOF GIFTS OF MOWEY. All bequests and gifts of money to State agencies named in this Act are hereby appropriated to the agency designatedby the grantor and for such purposes as the grantormay specify; provided,however, that all such bequests and gifts of monies, except those to the Bepartment of Mental Health and Mental Retardationand

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Mr. F. R. Booth, page 3 (c-563)

Institutions

under its juriedictlon received from private sourc%%,and to agencies and lnstltutlonsnamed ln,Artlcle IV of this Act, shall be deposited ~fn the State Treasury and shall be expended In accordancewith the provisions of this Act." Approprlatlons

for the Water Rights Commlsslonare set forth In Article III of House Bill 12, QeneralApproprlations, Acts 59th Leg., R.S. 1965, thereby Includingthe Water Rights Commissionas a State agency named In the Appropriation Act.

It Is our opinion that the Texas Water Rights Commission may receive bequests and gifts of money for such purposes as the grantor may specify. Qlfte of money granted to the Water Rights Commissionare appropriatedto that agency and may be expended for the purposes specifiedby the, grantor as provlded by Section 26, Article V of House Bill 12,.

It is our opinion that the statutoryappropriation of gift% snd bequests to the WaterRIghts Cosxnlsslon provides authority for the Comptrollerto establish special accounts for gifts and bequest%. All such bequests and gifts of monies are required to be deposited In the State Treasury and expended in accordancewith the provisions of the QeneralAppropriations Act. The Comptroller may pay from the special accounts eatabllshedwith gifts and bequests to the Water Rights Commission for servicesperformed In accomplishingthe purposes specified by the grantor.

SUMMARY

The statutoryappropriationof gifts and bequests to the Water Rights Commissionprovides authority for the Comptrollerto establish special accounts for gifts and bequests. All such bequests and gifts of monies are required to be deposited In the State Treasury and expended in accordancewith the provisionsof the GeneralAppropriations Act. The Comptroller

may pay from the special accounts established

with gifts and bequests to the Water Rights Commissionfor servicesperformed in accomplishingthe purposes specifiedby the grantor.

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Very truly yours, WAQQOWER CARR Attorney Qeneral

BY! Qordon Houaer Assistant

APPROVmr OPIBIIOW

COnMITTE

W. V. Qeppert, Chairman John Reeves Llnward Shivers Wade Anderson Hilton Richardson

APPROVEDFOR TSR ATTORHEY QEHERAL By: T. B. Wright

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