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 special accounts 

for the receipt and dlsbursement of funds received 

by the Commission by beDear Mr. Booth: quests and gifts. 

your letter of October 26, 1965, requesting an opinion 

of this office reads, In part, as follows: 

"The Texas Water Rights Commission has 

occaalon to receive grants or donations of 

money from various people and political subdivisions of the State that are Interested In 

water develo ment 

fk 

and management. Section 11 

of Article 7 77, V.A.C.S. enacted by the 59th 

Legislature provides that this Agency may 

;z;E;sln such cooperative work. It Is as 

: 

"The (Texas Water Rights) Commission, 

in performing the duties prescribed by this 

Chapter, may cooperate with agencies of the 

United States, with other agencies of this 

state or of any other state, with political 

subdivisions and municipal corporations of 

the state and with persons and corporations.' 

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

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Mr. F. R. Booth, page 2 (C- 563) 

for funds received for contracted usea. Re 

concludes that his office Is without authority 

to approve dispersal of these funds. We believe that the statutory authority to receive 

donated funds Includes, by necessary implication, 

the authority for the Comptroller to establish 

special accounts for donated funds and to pay 

the same for services performed In accomplishing 

the purposes for which the Punds are donated. 

"Since we will be unable to act under Section 11 until this conflict has been resolved, 

we request your opinion whather Section 11 of 

Article 7477 Includes by necessary implication 

the authority and duty OF the Comptroller of 

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, amending Article 7477, Vernon's Civil Statutes, 

and entitled the Water Rights Commission Act, provides In 

part: 

"fSectlon 11. The Commission, In performing the duties prescribed by this Chapter,. 

may cooperate with agencies of the United States, 

with other agencies of this state or of any 

other state, with political subdivisions and 

municipal corporations of the state and with 

persons and corporationa." 

Section 11 of Senate Bill 145 clearly provides that 

the Water Rights Commission may cooperate with lndlvlduals, 

corporations, and governmental agencies in performing the 

duties prescribed by the Water Rights Commission Act. 

Section 26 of Article v, House Bill 12, General Appropriations, Acts 59th Leg., R.S., 1965, provides: 

"sec. 26. ACCEPTAECE OF GIFTS OF MOWEY. 

All bequests and gifts of money to State 

agencies named in this Act are hereby appropriated to the agency designated by the grantor 

and for such purposes as the grantor may specify; 

provided, however, that all such bequests and 

gifts of monies, except those to the Bepartment 

of Mental Health and Mental Retardation and 

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J c 

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

Institutions under its juriedictlon received 

from private sourc%%, and to agencies and lnstltutlons named ln,Artlcle IV of this Act, 

shall be deposited ~fn the State Treasury and 

shall be expended In accordance with the provisions of this Act." 

Approprlatlons for the Water Rights Commlsslon are 

set forth In Article III of House Bill 12, Qeneral Approprlations, Acts 59th Leg., R.S. 1965, thereby Including the Water 

Rights Commission as 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 Commission are appropriated to that agency 

and may be expended for the purposes specified by the, grantor 

as provlded by Section 26, Article V of House Bill 12,. 

It is our opinion that the statutory appropriation 

of gift% snd bequests to the WaterRIghts Cosxnlsslon provides 

authority for the Comptroller to 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 

accordance with the provisions of the Qeneral Appropriations 

Act. The Comptroller may pay from the special accounts eatabllshed with gifts and bequests to the Water Rights Commission 

for services performed In accomplishing the purposes specified 

by the grantor. 

SUMMARY 

The statutory appropriation of gifts and bequests to the Water Rights Commission provides 

authority for the Comptroller to 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 accordance with 

the provisions of the General Appropriations Act. 

The Comptroller may pay from the special accounts 

established with gifts and bequests to the Water 

Rights Commission for services performed in accomplishing the purposes specified by the grantor. 

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Mr. F. R. Booth, page 4 (C- 563) 

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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