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, 4thC.S., which .ionfor the establishmentof an Occupational apublic junior college. concerning H.B. No. makes an appropriat Extension Center of



### ”(1) Is there any constitutional or statutory prohibition against appropriating money to theCoordinating 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 ofmoney sought in thismanner? "(3) What are theduties 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 lawmust bemet to carry out the intent and purpose of the bill?" House Bill 78 of the 62nd Legislature, 1972, 4thCalled 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. 78Hon. Rayford Price, page 3 (M‘-1253)

Section 44 ofArticle III of theConstitution of Texas requires appropriations tobe supported bypre-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 lawwithin the meaning of Section 44,Article III,may be a constitutional or statutory provision or a common lawright. Austin National Bank v. Sheppard, 123Tex. 273, 71 S.W.2d 242 (1934).

Since the Legislature is authorized to appropriate the money for the support andmaintenance of an efficient system of public free schools, it isour opinion that the appropriation contained inHouse Bill 78 is supported bypre-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 anyprovision in either theConstitution or statute requiring an appropriation for thepurpose set out inHouse Bill 78 tobe made to the Texas Education Agency. In the absence of such a requirement, it is our opinion that House Bill 78, 62nd Legislature, 4thCalled Session, is constitutional.

In this connection, it is our opinion that it iswithin the sole discretion of the Legislature todetermine whether money appropriated for the purposes set out inHouse Bill 78 is tobe 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 isno constitutional or statutory prohibition against appropriating money to theCoordinating 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 thepurposes therein expressed. Section 130.086, quoted above, clearly authorizes theCoordinating Board to approve extension facilities outside the geographical boundaries of an existing junior college, under certain conditions. We see no legal reason why theCoordinating Board could Y.otexecute the appropr;ation to the extension facility in question after h3vir.gas?rp"Iedt;-.s o"c"-c~o:. _,.____- ;rithinthe time limit of the ap2rc2z13t1'3

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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 LegalAssistant
ALFRED WALKER Executive Assistant NOLA WHITE First Assistant

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