Honorable Homer P. Ralney, President 

University of Texas 

Austin, Texas 

Dear Sir: Opinion No. O-4577 

Re: Deficiency allowance by Governor 

to University of Texas. 

From your letter of May 1st and documents accompanyIn lt, it appears that on your sworn application of April 8, 

19 & 2, the Governoron April 14, 1942, under the authority of 

R. C. S. Article 4351, approved the making of deficiency expenditures in the following amounts, supplementing the items, 

of appropriation listed below, for the remaining portion of 

the fiscal year ending August 31, 1942: _. 

Aavronrlatlon Deflclency Allowance 

Item 43 (Comptroller's No. C-1167) $5,000.00 

Research Fellows. . .$12,000.00 

Item 44. (Comptroller8a'Ro. C-1176) 

Equipment, Maintenance, Printing 

& Traveling. . . . . $14,200.00 $15,000.00 

You ask the opinion of thisDepartment as to the legality of the Governor's approval of such request for deficiency 

allowance. 

Items 43 and 44 appear in the educatFona1 Institutions 

appropriation bill (H. B. 272, Acts 47th Leg., Reg. Seas.) 

under "The UnFversltg of Texaa, Extramural Divisions" and the 

subheading "Bureau of Industrial Chemistry." 

Article 4351, Revised Civil Statutes, provides: 

"All heads of departments, managers of State 

institutions or other persons intrusted with the 

power or duty of contracting for supplies, or in 

any manner pledging the credit of the State for 

any deficiency that may arise under their management or control, shall, at least-thirty days before.such deflclency shall occur, make out a sworn 

estimate of the amount necessary to cover such de- 
Honorable Homer P. Ralney,~page 2 o-4577 

flclency until the meeting of'the next Legislature. 

Such estimate shall be lmmediatelg'filed with the 

Governor/who shall thereupon carefuIly examine the 

same'and approve'or disapprove the same in whole or 

In part; When such deficiency claim, or any part 

thereof, has been so approved by the Governor he 

shall ihdorse his approval thereon, designating the 

amount and item8 thereof"approvad and the items dlsapproved, and file same with the Comptroller; and"the 

same ahall"'be authority for the Comptroller to draw 

his deficiency warrantfor ao much thereof as may 

be approved; but no claim, or any part thereof, shall 

be allowed or warrants drawn therefor by the Comptroller, or paid by the Tr'easurer, unless such estimate has been so approved and filed. If there Is a 

deficiency appropriation suff'iclent to meet such 

claims, then a warrant.shal,l be drawn therefor and 

the same shall be paid;.but, if there is no such 

appropriation, or If, such appropriation be so exhausted that.lt is not sufficient tom pay such aeficlency claim, then a aeflciency warrant shall issue 

therefor; and such claim shall remain unpaid until 

provision be made therefor at some session of 'the 

'Legislature thereafter.~ The provisions of this 

art1cI.e shall not apply tom fees and dues for which 

the State may be liable under the general.laws. 

when any Injury or damage shall occur to any public. 

property from flood, storm or any unavoidable cause, 

the estimate may be filed at once but must be approved by the Governor as provided in this article." 

Your application reads as follows: 

"BEFICIEWCYFORTFIEBUREAUOF INDUSTRIAL 

CHEMISTRYTREUIUXERSITYOF TEXAS 

AUSTIN, TEXAS 

"TO THE HONORABLE COKE R. STEVENSON, GOVERNOR OF 

TEXAS: 

"COMES NOW Homer P. Rainey, President of The 

University of Texas, Austin, Texas, and in compliance with the provisionsof Article 4351, Revised Civil Statutes' of Texas, 1925, submits this 

his sworn estimate of the amount of deflclency.appropriatlon necessary for supplementingfunds available to The University of Texas,-Austin, Texas, for 

the fiscal year ending August 31,.'1942. For the 

purpose of supplementing the Bureau of Industrial 

Chemistry ~fund, to pay for extra help and mlscellaneous expenses. 
. - 

Honorable Homers P. Ralneg, page 3 o-4577 

"The total amount requested IS $20,000 ana 

Is to.supplement-appropriations ~made to The University of Texas, Extramural Divisions; Bureau 

of-Industrial Chemistry: 'broken aownas ~followa: 

$5;000.00 to su plemenf,'approprlation number C1167 - 43; ana $ ~~,OOO.OO to supplement appropriation number.c-1176. Both of these appropr‘latlons are now practically exhausted. 

"That the fOregOiIIg amount is reasonable andnecessary to continue work on an'expanded program 

of converting natural gas Into acetylene and related activities. 

"WHRRRpORE, Homer P. Rainey,;.Presldent of The 

University of Texas, Austin, Texas, respectfully 

petitions your Excellency to grant a deficiency 

appropriation in the amount above specified. 

' s/ Homer P. Ralner 

(maa) 

President, The University 

of Texas 

(Department) 

"STATE OF TEXAS 

COUJVTY OF TRAVIS . 

"Sworn and subscribed to before me, this the 

8th day of Anrll , A. D., 1942, by BomerH~~aRalney, 

Presldent, The University of Texas. 1 

(Department) 

R/s/ Thelma Lockwood 

Notary Public, Travis 

County, Texas." 

The appilcation,ls in proper form and presented a request which the Governor, In his discretion, might allow or 

tiefuse, under Article 4351. In our opinion~Ro. C-2118, copy 

of.whlch Is enclosed, we held that Article 4351 allows the 

Governor to supelement existing approprititions for currGnt 

operating expenaes; but does note authorize him to--8tipplement 

kPpropriatlons made for the construction or purchatie of peemanent Improvements or betterments; The items of appropria-. 

tion supplemented In the instant case,are of the first class, 

to-wit, appropriations for current operating 'expenses. The 

deficiency allowances are available for expenditure fbrthe 

same ptiposes as those for which the appropriation items they 

supplement might be expended. 
Honorable Homef P. Rainey, page '4 

The agplicatlori presenting a case within $lie jurisdlctloii conferred upon the Governor by.Article~~43~1,:his Betermination that there existed a necesslt~.for.all~wing ~auch 

deficiency ekpelialtures $nd the amount therebf 1,s ,n+ ~subject to review by this Department. _. 

. ~Yoienclo&e a cirtificate~'from~td6~~~Comptroli~~ aatedMay lat, 1942,/certif&g that the'grid ma& to'.$our'.lnatl- - 

tut16n unaer'-date of April 14, 1942, added to the other aeflcienCy allowances'approved,by the Governor theretofore, does 

not malie the ceflM.en&y-aflowance..appr+re$'by:the Gdti@lioii 

aggregate more than $200,000.00. It the??efor& app@Ps that. 

the grant to,your institution iS not lnvalid'b$ force of the 

provisions of Article 4351a, Veynon's Revised Civil Statutes. 

Yours very truly. 

ATTORNEY'GENERAL OF TEXiS' 

_. 

By a/R. W. Fairchild 

R..W. Falrchtla 

Assistant 

Approved Opinion,'Cc$n&t~~<,~~ s/&WE Chairman :