## EAYETORNETC GENE **OF TEXAS** 

September 6, 1961

Honorable JulesDamiani, Jr. Opinion No. Criminal DistrictAttorney 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 Texasmeets the conditionsrequired 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 attachedhereto, between the United States of America, acting through theDepartment of Commerce,Maritime Administration,and the State of Texas, acting through the Chancellor of the TexasAgriculture and Mechanical College System and the President of the Agricultureand Mechanical College of Texas, meets the requirements set forth in the AppropriationsBill, Senate Bill 1, Acts of the 57th Legislature, 1st Called Session.

On page IV-45 of Senate Bill 1, the following provisionspertaining to the Texas MaritimeAcademy are found:
"In addition to the amounts specified above, there are also hereby appropriated to the Texas MaritimeAcademy 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the purposes for which such funds are made available,provided such funds shallbe depositedwith the State Treasurer and withdrawn only upon vouchers submitted to the State Comptroller of Public Accounts.
"It is s ecificall

p t y provided, however, that the appropria ions made hereinabove are -- contingentupon either industry or the Federal

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

annual maintenanceand operation of saidves- - --- &. None of the moneys appropriatedhereinabove for the fiscal. year beginning Sewtember 1, 1962 may be expendedunless and-until such agreements or contracts for the precedingyear beginning Septem'ber 1, 1961have been fulfilled. A copy of any such agreements or contracts shall be filedwith the Governorprior to the expenditure of any of the moneys appropriatedhereinabove." (Emphasisadded) Article 5 of the proposed formal contractbetween 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 recommendationof the proper School authority, the Administrationagrees to furnish a suitable trainingvessel subject to the prov!,sions

of Section 3 of the Act and of paragraph 316.4,AdministrationGeneral Order 87.” Ar,ticleL(b) of fh&proposed formal contractbetween the United States of America and ,the State of Texas provides that:

"Thepreceding paragraph contemplatesan annual assestaocewavment 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 bJrthe State for --- E maintenance and oneration oi"rainingxips Grated & some-%? the existia7@; state marltime -.~- academfes. The Administrsffonhereby stipulates that such portion of the $75,(X0 assistancepayment as fs necessary to pay for said expenses is hereby made available to the State for thfs specificpurpose. The unused portion may be used for otkr expenses incident to the operation and maintenance of the School. In any one fiscalyear the Superintendentof the School shall,

not be &i.lthorized to spendmore than the $75,qCO0

recefced from the Federal Government and deposiiti'ed with the State Treasurer purstiant

to L, “-tfon & r,fthe Act for the aforementioned expense to o crate and maintain the ship." (Etqhasisadded P -Honorable Jules Damiani, Jr., page 3 (WW-1133 )

Since the provisions of Article formal contractbetween 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 MaritimeAcademy, and since the provisions of Article l(b)provide for the furnishing of sufficient funds for the annual maintenanceand operation of such vessel we are thereforeof the opinion that upon approval of such formal contractas to form and substance,and after execution of sameby the proper parties thereto, that the requirements set forth on page IV-45 of Senate Bill 1 that:

11

. . . the appropriationsmade hereinabove are contingentupon either industry or the Federal Government, or both, furnishing, or by formal contract agreeing to furnish, a seagoingvessel and sufficient funds to provide for the annual maintenanceand operation of saidvessel. D
. .", would be fulfilled.
SUMMARY

The proposed formal contractbetween the United States of America and the State of Texas relative to the Texas MaritimeAcademy meets the conditionsrequired 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