._ .- . 

February 11, 1957 

Mr. A. C. Spencer, 

Brecutive Director, 

Opinion No. NW-23 

Texas State Soil Conservation Board, Re: Question Concerning 

1012 First National Bank Building, Funds Granted to Soil 

Temple, Texas. Conservation Districts 

under the Provisions 

of H.B. 97, Acts of the 

51st Leg., R.S. 1949, 

Dear Mr. Spencer: Ch. 540, p- 1000. 

In your recent request for an opinion of this office, 

you asked the following question: 

1949, 

'Prom the standpoint of 'The State of Texas', are 

funds granted to soil conservation districts by the 

State Soil Conservation Board under provisions of Sec.1, 

H.B. 97, Acts of the 51st Legislature considered expended 

when warrants are issued and the money withdrawn from the 

state treasury for deposit in the soil conservation district's local bank?" 

House Bill 97, Acts of the 51st Legislature, R. S. 

chapter 540, page 1000, reads in part as follows: 

"Section 1, There is hereby appropriated out of 

the General Fund of the State Treasury not otherwise 

a propriated the sum of Two and One-Half Million Dollars 

({2 500 000) for the fiscal year ending August 31 1951 

to the ieveral soil conservation districts in Texis. A' 

soil conservation district shall be eligible to receive 

grants for each period of the biennium after it has been 

duly organized and a Certificate of Organization for the 

district has been approved and signed by the Secretary 

of State. All grants to soil conservation districts 

shall be made by the State Soil Conservation Board based 

on the Board's determination of equity and need of the 

district applying for grant. 

"Sec. 2. Approval of all grants to soil conservation districts as provided for in this Act, shall be 

certified to the State Comptroller of Public Accounts by 

the State Soil Conservation Board. Such certification 
Mr. A. C. Spencer - page 2 - ww-23 

of approval by the State Soil Conservation Board presented to the said Comptroller shall be sufficient 

authority for the Comptroller to Issue his warrants 

against any appropriations made far grants to soil 

conservation districts, and shall also be sufficient 

authority for the State Treasurer to honor payment of 

such warrants." 

" I, 

. . D 0 

“Sec. 5. Any funds granted hereunder to any soil 

conservation district which shall remain unexpended 

at the end of the biennium shall revert to the Qeneral 

Fund. Provided, however, that upon the discontinuance 

of any soil conservation district or Its failure to 

operate, as may be determined by the State Soil Conservation Board, then any funds remaining therein unexpended during the biennium may be reallocated by the State 

Board to soil conservation districts functioning in the 

area, upon application of the district to the State 

Board; and provided, further, that if any organized 

soil conservation district is dissolved by a vote of the 

land owners or occupiers for the purpose of adjusting 

boundary lines and is immediately reorganized by a vote 

of the land owners or occupiers, any funds or equipment 

owned by the district prior to such reorganization shall 

pass to the credit of such district upon such reorganization. 

"Set e ‘6 n Grants to soil conservation districts as provided in this Act, when received by the district, shall 

be deposited in the name of the district, such deposit 

shall be with a State or National Bank or banks. Any 

withdrawal of such funds so deposited to the credit of the 

district may be withdrawn only on approval of the Board 

of supervisors of the district. All checks or orders 

for such withdrawal shall be signed by the chairman ani 

secretary of the board of supervisors of the district. 

The Comptroller's office advises us that warrants have 

been issued for the moneys appropriated by Ii, B. 97, Acts of the 

51st Legislature, and that the proceeds of these warrants have been 

deposited in local banks in accordance with the provisions of said 

Act. 

Under the above provisions of H.B. 97, Acts of the 51st 

Legislature, funds are granted to the several soil conservation 

districts by the State Soil Conservation Board, and these grants 

of funds are then required to be deposited in the name of the dis- 
Mr. A. C Spencer - page 3 - WW-23 

trlct In the local bank or banks. The clear and express language 

of Section 5, as quoted above, provides that any funds granted to 

any soil conservation district remaining unexpended at the end of 

the biennium shall revert to the General Fund. It is therefore 

our opinion that all funds granted to the several soil conservation districts under the provisions of H. B. 97, Acts of the 51st 

Legislature, and still unexpended at the end of the biennium reverted to the General Fund; under the express language contained 

in Section 5. Your question is therefore answered in the negative. 

You also inquire as to whether or not it is necessary 

to request the 55th Legislature to reappropriate the unexpended 

balances of moneys originally appropriated by H. B. 97. Legls - 

lat~ive history reveals that each subsequent session of the Legislature has reappropriated the unexpended balances. Ii. B. 190, 

Acts of the 52nd Legislature, 1951, R.S. chapter 497, page 1206, 

reappropriated the unexpended balance~of all sums appropriated by 

H~.B. 97, Acts df the 51st Legislature3 House Bill 163, Acts of 

the 53rd Legislature, 1953, R.S. chapter 332, page 823, reappropriated the unexpended balances of funds apprOpriated by H. B. 

97, Adts of the 51st Legislature and H. B. 190, Acts of the 52nd 

Legislature, and Section 13 of H. B. 163, Acts of the 53rd Legislature repealed H. B. 97, Acts of the 51st Legislature and H. B. 

190, Acts of the 52nd Legislature; House Bill 301, Acts of the 

54th Legislature, 1955, chapter 526, page 1626, reappropriated 

the unexpended balances of moneys appropriated by ii. B. 97, Acts 

of the 51st Legislature, H. B. 190, Acts of the 52nd Legislature 

and H. B. 163, Acts of the 53rd Legislature. 

Under SeCtion 6 of Article 8, of the Constitution of 

Texas, no appropriation of money may be made by the Legislature 

for a longer term than two years and any unexpended balances of 

sums appropriated revert to the State at the end of each biennium 

in the absence of any specific appropriation. It is therefore 

our opinion that the unexpended balance of the moneys approprlated by H. B. 97, Acts of the 51st Legislature should continue to 

be reappropriated each biennium. 
MP. A. C. Spencer - page 4 -- WW-23 

SUMMARY 

Unexpended balances of moneys granted 

to soil conservation districts by the State 

Soil Conservation Board under the provisions 

of PI. B. 97, Acts of the 51st Legislature, 

reverted to the General Fund at the end of 

the biennium and were not considered expended 

when warrants were issued and the funds withdrawn from the State Treasury for deposit in 

the local bank or banks of the several soil 

conservation districts. The unexpended balances of moneys appropriated by H. B. 97, Acts 

of the 51st Legislature, should continue to be 

reappropriated each biennium. 

Very truly yours, 

WILL WILSON 

Attorney General 

Assistant. 

LWG:f 

APPROVED: 

OPINION COMMITTEE 

By H. Orady Chandler, 

Chairman