. 

_- 

THE ATNBRNEY GENERAL 

OF %-EXAfkl 

The Honorable Bob Bullock Opinion NO; H- 817 : 

Comptroller of Public Accounts 

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 ,for the 

replacement of a building and equipment de8troyed 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 eoding August 31, 1975, the sum of 

$7.19,000 forconstructing and equipping 

an instructional building 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 submitted by 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 appropriation was 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 actions were begun shortly after the appropriation 

became effective, the plans were not approved and the bid 

was not accepted until after August 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 funds virtually impossible before August 31, 

1975. 

In light of these circumstances, your specific question 

is: i. 

Did the Legislature intend to require 

Texas State Technical Institute to 

complete letting the contract in the 

three month 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 involved here are appropriated "from the General 

Revenue Fund for the fiscal year ending August 31, 1975." If that 

phrase limits the appropriation to the 1975 fiscal year it 

would have expired on August 31, ,1975, before th,e,Ins,titu,te 

would have had any,practicalopportunity,.to develop,plans and 

commit expenditures. On the other hand, if tHe phrase merely 

describe6 the fund from which the money is to be taken, the 

appropriation has not expired. 

Legislative acts are to be construed in a manner which 

will avoid constructions which render the statute meaningless, 

futile or purposeless. Balfour v. 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-destroyed building. 

Accordingly, it is our opinion that the funds are currently 

available for expenditure and that the reference to the 

General Revenue Funds for 1975 merely is intended to describe 

the fund from which the money is to be drawn, and for the 

purposes of this opinion may be considered as surplusage. 

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

SUMMARY 

The appropriation to Texas State Technical 

Institute provided in Acts 1975, 64th Leg., 

ch. 339 at 907 is available for expenditure. 

Very truly yours, 

APPROVED: 

mID M . KENDALL , First Assi'stant 

jwb 

p. 3453