### GENERAL TEEEAT~~ORNEY

OF XAS

June 27, 1962

Honorable H. D. Dodgen Opinion No. WW-1366 Executive Secretary Game and Fish Commission Re: Construction of Item 5 Austin, Texas of theappropriationto the Game and Fish Dear Mr. Dodgen: Commission.

Your request for an opinion reads as follows:
"At a recent regularmeeting of the Game and Fish Commission, the Commission accepted the option to purchase a building and portion of a block in downtown La Porte, Texas. The building to be used to house one of the five regional offices of the Game and Fish Commission.
"It was the Commission's intent to pay forthe aforementioned land and building out of Item No. 5 of the Commission's current Biennial AppropriationLaw, being Senate Bill No. 1, First Called Session of the 57th Legislature. "Approval of the Governor, as requiredby paragraph 2, page 94 of this Act, is in our hands.
"In deciding to purchase the property in question the Commissionbased its authority upon the provisions found in the first paragraph, page 164, of the above mentioned Act, referring specifically to the term 'capital outlay.'
"For your information the Comptroller's expenditure classificationof the particular purchase is No. 66. "There has been some oral conversationat the Comptroller's office as to whether or not Item 13, page 93 of the Game and Fish Commission's appropriation,may be an exception toHonorable H.D. Dodgen Page 2 OpinionNo. Ww-1366

Item 5. We shall therefore appreciate your opinion as to whether the Game and Fish Commissionmay proceed with the acquisition of this property to be paid for as above indicated."
Items 5 and 13 of the appropriation to the Game and Fish Commission of the current General AppropriationAct read as follows: "For the Years Ending h?wt 31, August 31, "5. 1962 1963 Consumable supplies and materials, current and recurring operating expense (excludingtravel); operation, and maintenance of passenger automobiles; replacement,operation and maintenance of aircraft; and capital outlay

................... $1,283,800 1,236,800" '13. Building purchases,constructionor remodeling: a. For construction of headquarters buildings in Matador Wildlife Management Area............... 50,000 U.B. b. For construction of headquarters buildings in Big Hill Wildlife Management Area

.............. 50,000 C. For constructionofvarious boat docks and storagebuildings for berthing of Game and Fish boats 5,000 5,000 d. For remodeling and storage buildings at Texoma
............... 1,000 1,000 e. For remodelingMarine laboratories at Seabrook and Rockport...... 1,500 It
The term "capital outlay" as used in Item 5 is defined by the Legislature in the General AppropriationAct as follows:

"The term 'capitaloutlay! as used in this Article shallmean and include items set out in the Comptroller of Public Accounts' Expenditure Classification,effective September 1, 1959, and numbered 60 to 69.” (Section 11, paragraph 2 of Riders to Article III) According to your request, the purchase of the building and a portion of a block in downtown La Porte, Texas, is included in the Comptroller of Public Accounts' ExpenditureHonorable H.D. Dodgen Page 3 Opinion No. ~~-1366

ClassificationNo. 66. Therefore, this particular expenditure is included in Item 5.

Following the appropriation to the Game and Fish Commission is contained the following rider:

"None of the funds appropriated above to the 'Game

and Fish Commissionmay be expended forkthe purchase of land unless such land has been surveyed so as to determine that the acreage involved reasonably and closely approximates the acreage supposedly involved. Land will not be purchased without prior approval of the Governor after obtaining the advice of the Legislative Budget Board. None of the funds appropriated herein may be expended for the purchase of land unless such land is purchasedwith the condition expressed in the deed of conveyance that all income from the mineral estate from leasing, production and/or sale, and from pipe line rightsof-way purchases will be deposited to the General Revenue Fund."
You state in your request that the above rider has been compliedwith. It is noted that the expenditure of Item 13 would not necessarilybe involved in purchases covered by the above quoted rider. Therefore, it is our opinion that the appropriation contained in Item 5 for "capital outlay" constitutes an additional appropriation from those items contained in Item 13. You are therefore advised that Item 5 may be lined in your request. expended for the purposes outSUMMARY

Item 5 of the appropriation to the Game and Fish Commission for "capital outlay" may be expended by the Game and Fish Commission for the purpose of purchasing aHonorable H.D. Dodgen Page 4 OpinionNo. ~~-1366

building and portion of a block in downtown La Porte, Texas.
Yours very truly,
WILL WILSON Attorney General of Texas

AssistantAttorney General

Charles R. Lind ' Assistant Attorney General JR:ms,sh
APPROVED: OPINION COMMITTEE: W. V. Geppert, Chairman Fred Ward Gordon Zuber Bob Shannon
REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore