,_ 

TB[E ATTOECNEY GENERAL 

OF TEXAS 

CRAWFORD CL MARTIN AUSTIN. TEXAS 78711 

ATroxzNEY aFebruary 28, 1967 

Honorable John Connally 

Governor of the State of Texas 

Office, Capitol Building 

Austin, Texas 

Dear Governor Connally: 

Opinion No. M- 31 

Re: Construction of House 

Bill 87, Acts of.the 

60th Legislature, Regular Session, 1967. 

Your request on the above' subject asks the following 

questions concernln 

visions of Section & 

the expendituresof monies under the proof House Bill 87, Acts of the 60th Leglslature, Regular Session, 1967: 

"(1) What is the latest date on which 

money appropriated therein for the Texas exhibit 

at HemisFalr 1968 can be committed? 

"(2) Can such money appropriated be used 

for operating expenses of the Institute of Texan 

Cultures for the 1968-69 biennium?" 

'House Bill 87 passed the House of Representatives 

on January 24, 1967, by the following votes: - 121; nays - 

23; passed the Senate on February 13, 1967, by'tte" following 

votes: yeas . 

the Governor ~n2~;b~~~~y 20, 1967. 

- 7; and one paired and was approved by 

Since House Bill a7 was passed by the Legislature by 

a record vote of two-thirds of all the members elected to each 

House the effective date of House Bill 87, Acts of the 60th Leglslature is February 20, 1967. Section 4 of House Bill a7 reads as 

follows~ 

"Sec.4 4. In addition to the moneys appropriated in Section 6 of Senate Bill No. 166, 

Chapter 443, Acts of the 59th Legislature, Regular Session, 1965, $5,500,000 Is hereby appropriated from the General Revenue Fund to the 

Texas Tourist Development Agency. The additional 

moneys appropriated in this Act and any unexpended 

- 134 - 
Honorable John Connally, page 2 (M-31) 

balance in the appropriation of Chapter 443, Acts 

of the 59th Legislature, Regular Session, 1965, 

shall be used In accordance with the provisions 

of Chapter 443, Acts of the 59th Legislature, 

Regular Session, 1965." 

It is noted that while appropriations made by the 

provisions of Sections 1, 2 and 3 of House Bill 87 were made 

for the fiscal year ending August 1, 1967, monies appropriated 

in Section 4 were not made for any particular period of time. 

Therefore, the appropriation is made for the entire period of 

time authorized by the Constitution of Texas. 

Section 6 of Article VIII of the Constitution of 

Texas provides that no appropriation of State funds may be 

made for a term of more than two years. Therefore, the last 

date on which monies appropriated In Section 4 of House Bill 

87, Acts of the 60th Legislature can be legally encumbered Is 

February 19, 1969, the end of a two year period~from the effective date of House Bill 87. 

(1967) : 

It was stated in Attorney General's Opinion M-13 

"Section 6 of Article VIII of the Constitution of Texas provides that no appropriation 

of State funds may be made for a term of more 

than two years. Therefore, generally speaking, 

personal services must be paid out of approprlations made for the year during which the personal 

services are rendered. Attorney General's Opinions 

O-2815 (1940) and V-1397(1952). It is clearly 

settled, however, that an appropriation for one 

year in the case of capital expenditures mav 

legally be encumbered by contract even though 

the project for which it is spent will not be 

completed and paid for until succeedin 

Attorney General's 

V-1139 (1950), 

WW-40 (1957), and 

Monies appropriated in Section 4 of House Bill 87, 

of the 60th Legislature are required to be used in accordwith the provisions of-Chapter 443,,Acts of the 59th LegisActs 

ante 

lature, Regular Session, 1965. Chapter 443, Acts of the 59th 

Legislature, 1965, Is an Act providing for a permanent structure 

at HemlsFalr, 1968, and the Institute of Texan Cultures is the 

- 135 - 
Honorable John Connally, page 3 (M-31) 

official designation of the property owned b 

Texas pursuant to the provisions of Chapter’ %’ 43, Acts bf ‘the 

the State of 

59th Legislature, Regular Session, 1967, located.in Bejrjr 

County, Texas, on the’ground known as ‘HemisFair, 1968. Section 6 of Chapter 4438 Acts of the 59th Legislature, Regular 

Session, 1965, reads as follows: 

‘To carry out the purposes of the Act, 

the following appropriation Is hereby made: 

‘From the General Revenue Fund to the 

Texas Tourist Development Agency, for a permanent building of approximately 115,000 square 

feet; for grading, clearing, paving, retaining 

walls, parking, underground facilities, landscaplng, lighting, special effects, and other 

necessary expenses lnciudlng planning for the 

exhibits: $4,%000. (Emphasis added ) 

In answer to your second question, you are advised 

that the monies appropriated in Section 4 of House Bill 87, 

Acts of the 60th Legislature may be used for operating expenses 

of the property owned by the State of Texas known as the Institute 

of Texan Cultures for the two year period ending February 19, 

1969. 

SUMMARY 

Monies expended pursuant to Section 4 of 

House Bill 87 cannot be legally encumbered after 

February 19, 1969.’ Article VIII, Section 6, 

Texas Constitution.’ Monies appropriated by the 

provisions of Section 4, House Bill 87, Acts of 

the 60th Legislature, Regular Session, 1967, may 

be expended for a permanent building and grounds 

known as the Institute of Texan Cultures including 

all operating expenses connected therewith. 

Vedtruly yours, 

Prepared by John Reeves 

Assistant Attorney General 

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Honorable John Connally, page 4 (M-3i) 

APPROVED: 

OPINION COMMITTEE 

Hawttiorne' Phillips-, Chairuian 

W. V. Geppert, Co-Chairman 

Alan Minter 

P&t Bailey 

Malcolm Quick 

John Banks 

STAFF LEGAL ASSISTANT: 

A. J. Carubbi, Jr. 

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