Hon. Rayford Price, Speaker 

Texas House of Representatives 

State Capitol Building 

Austin, Texas 

Dear Speaker Price: 

Your request 

Opinion No. M- 1253 

Re: Constitutionality of H.B. 

of the 62nd Legislature, 

1972, 4th Called Session. 

for an opinion asks the following questions 

78, 62nd Legislature, 1972, 4th C.S., which 

.ion for the establishment of an Occupational 

a public junior college. 

concerning H.B. No. 

makes an appropriat 

Extension Center of 

” (1) Is there any constitutional or 

statutory prohibition against appropriating 

money to the Coordinating Board for these 

purposes as opposed to, for example, the 

Texas Education Agency, or any other state 

agency? 

" (2) Can the Coordinating Board, under 

the constitution and statutes execute an appropriation of money sought in this manner? 

"(3) What are the duties of the Texas 

Education Agency in regard to approval of a 

program of creditation, etc., in connection 

with the establishment of such a facility? 

Or any other state agency? 

"(4) What other requirements according 

to law must be met to carry out the intent 

and purpose of the bill?" 

House Bill 78 of the 62nd Legislature, 1972, 4th Called 

Session, makes an appropriation out of the general fund to the 

Coordinating Board for the fiscal year ending August 31, 1973, 

for a public junior college to establish an occupational extension 

center in Anderscn County In accordance with the provisions of 

Section 130.086, ?exas Education Code. 

78 
Hon. Rayford Price, page 3 (M‘-1253) 

Section 44 of Article III of the Constitution of Texas 

requires appropriations to be supported by pre-existing law. 

State v. Connecticut General Life Insurance Company, 382 S.W.2d 

745 (Tex.Sup. 1964); Fort Worth Cavalry Club v. Sheppard, 125 Tex. 

339, 83 S.W.2d 660 (1935); State v. Steck Company, 236 S.W.2d 866 

(Tex.Civ.App. 1951, error ref.). Pre-existing law within the 

meaning of Section 44, Article III, may be a constitutional or 

statutory provision or a common law right. Austin National Bank 

v. Sheppard, 123 Tex. 273, 71 S.W.2d 242 (1934). 

Since the Legislature is authorized to appropriate the 

money for the support and maintenance of an efficient system of 

public free schools, it is our opinion that the appropriation contained in House Bill 78 is supported by pre-existing law and is 

made pursuant to the provisions of Section 1, Article VII of the 

Texas Constitution. It is, of course, recognized that an appropriation bill may not conflict with general legislation. Moore 

v. Sheppard, 144 Tex. 537, 192 S.W.2d 559 (1946). We are unaware 

of any provision in either the Constitution or statute requiring 

an appropriation for the purpose set out in House Bill 78 to be 

made to the Texas Education Agency. In the absence of such a requirement, it is our opinion that House Bill 78, 62nd Legislature, 

4th Called Session, is constitutional. 

In this connection, it is our opinion that it is within 

the sole discretion of the Legislature to determine whether money 

appropriated for the purposes set out in House Bill 78 is to be 

appropriated to the Coordinating Board, the Texas Education Agency 

or some other agency of the State. 

Your questions are accordingly answered as follows: 

(1) There is no constitutional or statutory prohibition 

against appropriating money to the Coordinating Board for the 

purposes set out in House Bill 78. 

(2) The Coordinating Board does have the authority 

to expend the money appropriated in House Bill 78 for the purposes 

therein expressed. Section 130.086, quoted above, clearly authorizes 

the Coordinating Board to approve extension facilities outside the 

geographical boundaries of an existing junior college, under certain 

conditions. We see no legal reason why the Coordinating Board could 

Y.ot execute the appropr;ation to the extension facility in question 

after h3vir.g as?rp"Ied t;-.s o"c"-c~o:. _,.____- ;rithin the time limit of the ap2 r c 2 z 1 3 t 1'3 r. . 

-6ljl- 
ir . 

Hon. Rayford Price, page 5 (M-1253) 

ey General of Texas 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Bill Craig 

Max Hamilton 

Thomas Polan 

Roland Carlson 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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