EAYETORNETC GENE 

OF TEXAS 

September 6, 1961 

Honorable Jules Damiani, Jr. Opinion No. 

Criminal District Attorney 

Galveston County Re: Whether 

-_ - ^ - 

w-1133 

Galveston, Yexas 

Dear Mr. Damiani: 

the proposed . sormal contract netween 

the United States of 

America and the State 

of Texas meets the 

conditions required 

by Senate Bill 1, Acts 

of the 57th Legislature, 

First Called Session. 

You have requested this office for an opinion as 

to whether or not the proposed formal contract, a copy of 

which is attached hereto, between the United States of 

America, acting through the Department of Commerce, Maritime Administration, and the State of Texas, acting through 

the Chancellor of the Texas Agriculture and Mechanical College System and the President of the Agriculture and Mechanical College of Texas, meets the requirements set forth in 

the Appropriations Bill, Senate Bill 1, Acts of the 57th 

Legislature, 1st Called Session. 

On page IV-45 of Senate Bill 1, the following 

provisions pertaining to the Texas Maritime Academy are 

found: 

"In addition to the amounts specified 

above, there are also hereby appropriated to 

the Texas Maritime Academy all funds received 

from any other source, including the Federal 

Government, to be used for the purposes for 

which such funds are made available, provided 

such funds shall be deposited with the State 

Treasurer and withdrawn only upon vouchers 

submitted to the State Comptroller of Public 

Accounts. 

"It is s p ecificall t y provided, however, 

that the appropria ions made hereinabove are -- contingent upon either industry or the Federal 

-- -- 
Honorable Jules Damiani, Jr., page 2 bWW-L133 ) 

annual maintenance - and operation --- of said ves- 

&. None of the moneys appropriated hereinabove for the fiscal. year beginning Sewtember 

1, 1962 may be expended unless and-until such 

agreements or contracts for the preceding year 

beginning Septem'ber 1, 1961 have been fulfilled. 

A copy of any such agreements or contracts shall 

be filed with the Governor prior to the expenditure of any of the moneys appropriated hereinabove." (Emphasis added) 

Article 5 of the proposed formal contract between 

the United States of America and the State of Texas provides 

that: 

"Upon the appllcatfon In wrfting of the 

Governor of the State of Texas, acting upon 

the recommendation of the proper School authority, the Administration agrees to furnish 

a suitable training vessel subject to the prov!,sions of Section 3 of the Act and of paragraph 316.4, Administration General Order 87.” 

Ar,ticle L(b) of fh& proposed formal contract between the United States of America and ,the State of Texas 

provides that: 

"The preceding paragraph contemplates an 

annual assestaoce wavment of $75,000 for the 

maintenance and operation of the"Schoo1. This 

amount has -- been found more than sufficient for 

the annual --- cost to be 'I;orne bJr the State for 

E maintenance and oneration oi"rainingxips 

Grated & -.~- some-%? the existia7@; state marltime 

academfes. The Administrsffon hereby stipulates 

that such portion of the $75,(X0 assistance payment as fs necessary to pay for said expenses 

is hereby made available to the State for thfs 

specific purpose. The unused portion may be 

used for otkr expenses incident to the operation and maintenance of the School. In any 

one fiscal year the Superintendent of the 

School shall, not be &i.lthorized to spend more 

than the $75,qCO0 recefced from the Federal 

Government and deposiiti'ed with the State Treasurer purstiant to L, “-tfon & r,f the Act for the 

aforementioned expense to o crate and maintain 

the ship." (Etqhasis added P - 
Honorable Jules Damiani, Jr., page 3 (WW-1133 ) 

Since the provisions of Article 

formal contract between the United States 

State of Texas provide for the furnishing 

5 of the proposed 

of America and the 

of a suitable training vessel to the Texas Maritime Academy, and since the provisions of Article l(b) provide for the furnishing of sufficient 

funds for the annual maintenance and operation of such vessel 

we are therefore of the opinion that upon approval of such 

formal contract as to form and substance, and after execution 

of same by the proper parties thereto, that the requirements 

set forth on page IV-45 of Senate Bill 1 that: 

11 

. . . the appropriations made hereinabove are 

contingent upon either industry or the Federal Government, or both, furnishing, or by formal contract 

agreeing to furnish, a seagoing vessel and sufficient 

funds to provide for the annual maintenance and operation of said vessel. D . .", 

would be fulfilled. 

SUMMARY 

The proposed formal contract between the 

United States of America and the State of Texas 

relative to the Texas Maritime Academy meets the 

conditions required in Senate Bill 1, Acts of 

the 57th Legislature, 1st Called Session. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

Assistant 

PB:dhs 

APPROVED: 

OPINION COMMITTEE 

W. V. Qeppert, Chairman 

William E. Allen 

Joe A. Osborn 

J. C. Davis 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Howard W. Mays