Honorable Homer P. Ralney, President

University of Texas Austin, Texas

Dear Sir: OpinionNo. 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:

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Aavronrlatlon Deflclency Allowance

Item 43 (Comptroller'sNo. 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 appropriationbill (H. B. 272, Acts 47th Leg., Reg. Seas.) under "TheUnFversltg of Texaa, ExtramuralDivisions" and the subheading "Bureau of Industrial Chemistry."

Article 4351, Revised Civil Statutes, provides:

"Allheads of departments, managers of State institutions or other persons intrustedwith 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-thirtydays before.suchdeflclency shall occur,make out a sworn estimate of the amount necessary to cover such de-Honorable Homer P. Ralney,~page 2 o-4577

flclencyuntil the meeting of'the next Legislature. Such estimate shallbe lmmediatelg'filedwith the Governor/who shall thereupon carefuIly examine the same'andapprove'ordisapprove the same inwhole or In part; When such deficiency claim, or any part thereof,has been so approved by the Governor he shall ihdorsehis approval thereon,designating the amount and item8 thereof"approvadand the itemsdlsapproved, and file samewith the Comptroller;and"the
same ahall"'be

authority for the Comptroller to draw his deficiencywarrantfor 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 deficiencyappropriation 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 appropriationbe so exhausted that.lt is not sufficient tom pay such aeficlency claim, then a aeflciencywarrant shall issue therefor;and such claim shall remain unpaid until provisionbe made therefor at some session of 'the 'Legislaturethereafter.~The provisions of this art1cI.e

shall not apply tomfees 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 estimatemay be filed at once but must be approved by the Governor as provided in this article."

Your applicationreads as follows:

"BEFICIEWCYFORTFIEBUREAUOF INDUSTRIAL CHEMISTRYTREUIUXERSITYOF TEXAS

AUSTIN, TEXAS

"TOTHE HONORABLE COKE R. STEVENSON, GOVERNOR OF TEXAS:

"COMESNOW Homer P. Rainey, President of The University of Texas, Austin, Texas, and in compliancewith the provisionsof Article 4351, Revised Civil Statutes' of Texas, 1925, submits this his sworn estimate of the amount of deflclency.appropriatlonnecessary for supplementingfunds available to The University of Texas,-Austin,Texas, for the fiscalyear endingAugust 31,.'1942.For the purpose of supplementing the Bureau of Industrial Chemistry~fund,to pay for extra help and mlscellaneous expenses.. -

HonorableHomersP. Ralneg, page 3 o-4577

"The total amount requested IS $20,000 ana Is to.supplement-appropriations ~madeto The University of Texas, ExtramuralDivisions; Bureau of-IndustrialChemistry: 'brokenaownas ~followa: $5;000.00 to su plemenf,'approprlation number C1167 - 43; ana $~~,OOO.OO to supplementappropriation number.c-1176. Both of these appropr‘latlons are now practically exhausted.

"That the fOregOiIIg amount is reasonable andnecessary to continuework on an'expanded program of convertingnatural gas Into acetylene and related activities.
"WHRRRpORE,Homer P. Rainey,;.Presldent of The University of Texas, Austin, Texas, respectfully petitionsyour 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

OFTRAVIS

. "Swornand 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 existingapproprititions for currGnt operating expenaes;but does note authorize him to--8tipplement kPpropriatlonsmade 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 forwhich the appropriation items they supplement might be expended.Honorable Homef P. Rainey, page '4

The agplicatlori

presenting a case within $liejurisdlctloiiconferredupon the Governor by.Article~~43~1,:hisBetermination that there existed a necesslt~.for.all~wing~auch deficiency ekpelialtures $nd the amount therebf 1,s ,n+ ~subject to review by thisDepartment.

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. ~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 aefl

### cienCy allowances'approved,bythe Governor theretofore,does not maliethe ceflM.en&y-aflowance..appr+re$'by:the Gdti@lioii aggregate more than $200,000.00. It the??efor& app@Ps that. the grant to,your institution iSnot lnvalid'b$ 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 :