. _-


## THE ATNBRNEY GENERAL **OF %-EXAfkl** 

The Honorable **Bob** Bullock Opinion NO; H-817 : Comptroller of PublicAccounts L.B.J. building Rer Availability of an Austin, Texas 78711 appropriation to Texas State Technical Institute. **Dear** Mr. Bullock: you have asked our opinion on the availability **of** an appropriation to Texas State Teohnioal Institute ,forthe replacement of **a** building and equipmentde8troyed by fire. The appropriation is provided in Aots 1975, 61th Leg., ch. 339 at 907 and provides in its entirety:

There is hereby appropriated **from** the Ganeral~Reveme Fund for the fiscal year eodingAugust 31, 1975, the sum of $7.19,000

forconstructing and equipping an instructionalbuilding at the James Connally Campus, Texae State Technical, Institute, to replace a building **dsntroyed** by fire. Although the bill was introduced early in the legfslative session and was submittedby the Governor as an emergency ;;;yr, it was not enacted by the Legislature untillg; $9,

. It was approved by the Governor on June 19, , and became effective on that day. After the appropriationwas effective, the Institute **selected** an architect, approved the plan he prepared, advertised for bid8 and awarded a contract for construction

## of the building.

p. 3451. -

The Honorable Bob Bullock - page 2(H&17)

While these actionswere begun shortly after the appropriation became effective, the plans were not approved and the bid was not accepted until afterAugust 31, 1975. We understand that the practical and legal time demands inherent in the preparation of plans and the advertising for bids made commitment of the fundsvirtually impossiblebeforeAugust 31, 1975.In light of these circumstances,your specificquestion is: i.

Did the Legislature intend to require Texas State Technical Institute to complete letting the contract in the threemonth period ending,August31, '.'1975,

or,is the language in Section 1 merely directing the Comptroller to pay .~,,, ', ".,: the expenses cut of,fiscal 1975 funds?

.,., The funds involvedhere are appropriated "from the General Revenue Fund for the fiscalyear endingAugust 31, 1975." If that phrase limits the appropriationto the 1975 fiscalyear it would have expired on August 31, ,1975, before th,e,Ins,titu,te would have had any,practicalopportunity,.todevelop,plansand commit expenditures. On the other hand, if tHe phrasemerely describe6 the fund fromwhich themoney is to **be** taken, the appropriationhas not expired. Legislative acts are to be construed in a manner which will avoid constructionswhich render the statutemeaningless, futile or purposeless. Balfourv. Collins, 25 S.W.2d-804 (Tex.Sup. 1930); City ~f&h&~;.~&';~~~& t.W.2d 61 (Tex.Civ. App. -- Beaumont Karren, 191 S.W. 600 (Tex.Civ. App. -- San Antm9fi, writef'd). Given this rule of statutory construction, it is our view that the statute should not be construed to expire before there was any real opportunity to commit,the ".I funds to the replacement of the fire-destroyedbuilding. Accordingly, it is our opinion that the funds are currently available for expenditure and that the reference to the General Revenue Funds for 1975merely is intended to describe the fund fromwhich themoney is to be drawn, and for the purposes of this opinion **may** be considered as surplusage.

p.3452The Honorable Bob Bullock - page 3 (H-817)

SUMMARY The appropriation to Texas State Technical Instituteprovided inActs 1975, 64th Leg., ch. 339 at 907 is available for expenditure. Very truly yours,

APPROVED:

**mID M** 

**. KENDALL** ,First Assi'stant

jwb

p.3453