Honorable Homer A. Foerster Opinion NO. M-1284

Executive Director State Board of Control Re: Whether the Board of Control P. 0. Box 13047, Capitol Station may expend funds out of its Austin, Texas 78711 Item 19 appropriation for the 1972 year for classified salaries for repairmen, etc., Dear Mr. Foerster: and related questions.

Your request for anopinion reads as follows: "TheGeneral Appropriations Bill forFiscal Year beginning September 1, 1972, provides on Page 111-44, line item 19, an appropriation to the Board of Control as follows: "'19. For operating expenses of aCentral Repair Service ofdictating equipment owned by State agencies inAustin
. . . $27,651' "The question before me as a result of the language used in the appropriation isas follows: "(11Can theBoard of Control expend funds out of this appropriation for 'classified salaries' for repairmen, for 'consumable supplies and materials,' for 'current and recurring operating expenses,' and for 'capitaloutlay'? "(21 If the above isanswered in the affirmative, is the State Comptroller authorized to issue warrants for those operating expenses enumerated in paragraph (1)including classified salaries? "Reference ismade toParagraph 1, Section 10, Article V on PageV-37 of the General Appropriations Billwhich isquoted as follows: "'Section 10. LIMITATIONS ON USE OF OTHER EXPENSE FUNDS FOR PAYING SALARIES AND WAGES. Funds appropriated inArticle I, II, and III of. -

Hon. Homer A. Foerster, page 2 (M-1284)

thisAct, in items designated for consumable supplies andmaterials, current and recurring operating expense or capital outlay shall be expended only for items setout in the Comptroller's Manual ofAccounts, Expenditure Classification, effective November 1, 1965. as amended, and number from 10 to 19 for "consumable supplies'and materials," 20 through 28 for "current and recurring operating expense," and 60 to 69 for "capital outlay." It is further provided that such terms shall not include expenditures forpersonal services including salaries andwages, unless the language of those items explicitly authorizes suchuse.' (Emphasisadded.) "Quoted below isaportion of the letter of April 7, 1972 (copyattached) prepared and submitted by the Executive Director of theBoard of Control which was directed to the Legislative Budget Board and theGovernor's Division of Operations Analysis wherein the request was made for the appropriation authorized in line item 19: "'NEWPROGRAM, DICTATING EQUIPMENT REPAIR SERVICE Request funding, as follows, for FY-73 as a separate line item toprovide a central repair service on dictating equipment owned by State agencies located within the Capitol Complex area: Personal Services (Group12-9733) Instrument and Office Machine

Repairman III (1) (Group11-9732) Instrument and Office Machine

Repairman II (2) Other Expenses $ 8,352
15,624

Insurance, 3men - $150 each 456 Repair parts 1,000 Tools and test equipment 225 Capital outlay, one (1)motor scooter 2,000 Grand Total $27,651'. .

Hon. HomerA. Foerster, page 3 (M-1284)

"Reference is alsomade to line items 15, 16, and 17 in the Board of Control appropriation where 'operating expenses' does include all the expenses enumerated inparagraph 1above. "It is the opinion of the Board of Control that the legislature intended thewords 'operating expenses' in line item 19 to include 'salaries,' 'consumable supplies andmaterials,' 'currentand recurring operating expenses,' and 'capital outlay.' All expenses enumerated are necessary to carry out theprogram authorized." Item 7of the appropriation to the State Board of Control is for salaries of classified positions. Item 19reads as follows:

"19. "For theYear Ending August 31, 1973 For operating expenses of a Central Repair Service of dictating equipment owned by State agencies inAustin $27,651" Item 19was appropriated specifically for the new program

_ outlined inyour request and in the exact amount Duagetea by tne Board of Control for theprogram, which budget was apparently approved by the Legislature inmaking this item of appropriation.

The phrase "operating expenses" as used in this overall context in Item 19 isnot tobe given the same construction as "current and recurring operating expenses" inageneral item of appropriation. Such construction would in effect render meaningless the appropriation contained in Item 19. It is therefore our opinion that itwas the intent of the Legislature in appropriating Item 19 tomake an appropriation for the items of expenditure outlined inyour budget which is set out inyour request.

You are accordingly advised that the operating expenses of a central repair service of dictating equipment includes all 'he expenses outlined inyour request and such expenses may bepaid from Item 19of the appropriation to the State Board of Control.

-6302~.Hon. Homer A. Foerster, page 4 (M-1284)

SUMMARY Item 19of the appropriation to the State Board of Control foroperating expenses of a central repair service ofdictating equipment may be used topay fornecessary expenses relating to such program, including classified salaries for repairmen, consumable supplies and materials and capital outlay. truly yours,

Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE W. E.Allen, Chairman J. C. Davis Jim Broadhurst Jack Goodman Houghton Brownlee SAMUEL D.MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant

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