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February 11, 1957

Mr. A. C. Spencer, BrecutiveDirector, OpinionNo. NW-23

Texas State Soil ConservationBoard, Re: Question Concerning 1012 First National Bank Building, Funds Granted to Soil Temple, Texas. ConservationDistricts 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 'TheState of Texas', are funds granted to soil conservationdistrictsby the State Soil ConservationBoard under provisionsof Sec.1, H.B. 97,Acts of the 51st Legislature considered expended when warrants are issued and the money withdrawn from the state treasury for deposit in the soil conservationdistrict's local bank?"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 endingAugust 31 1951 to the ieveral soil conservationdistricts in Texis. A' soil conservationdistrict shall be eligible to receive grants for each period of the biennium after ithas been duly organized and a Certificate of Organization for the districthas been approved and signed by the Secretary of State. All grants to soil conservationdistricts shall be made by the State Soil ConservationBoard based
on the Board's determinationof equity and need of the district applying for grant.

"Sec. 2. Approval of all grants to soil conservation districts as provided for in thisAct, shall be certified to the State Comptroller of Public Accounts by the State Soil ConservationBoard. Such certificationMr. A. C. Spencer - page 2 - ww-23

of approval by the State Soil ConservationBoard presented to the said Comptroller shall be sufficient authority for the Comptroller to Issuehis warrants against any appropriationsmade far grants to soil conservationdistricts,and shall also be sufficient authority for the State Treasurer tohonor payment of such warrants."
" I,

. . D 0

“Sec. 5. Any funds grantedhereunder to any soil conservationdistrictwhich shall remain unexpended at the end of the biennium shall revert to the Qeneral Fund. Provided,however, that upon the discontinuance of any soil conservationdistrict or Its failure to operate, as may be determinedby the State Soil Conservation Board, then any funds remaining thereinunexpended during the biennium may be reallocatedby the State Board to soil conservationdistricts functioning in the area, upon application of the district to the State Board; and provided, further, that if any organized soil conservationdistrict is dissolvedby a vote of the land owners or occupiers for the purpose of adjusting boundary lines and is immediatelyreorganizedby 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.

"Sete‘6n Grants to soil conservationdistricts as provided in thisAct, 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 districtmay 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 thatwarrants have been issued for the moneys appropriatedby Ii, B. 97,Acts of the 51st Legislature,and that the proceeds of thesewarrants have been deposited in local banks in accordancewith 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 districtsby the State Soil ConservationBoard, 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 localbank or banks. The clear and express language of Section 5, as quoted above, provides that any funds granted to any soil conservationdistrict remaining unexpended at the end of thebiennium shall revert tothe General Fund. It is therefore
our opinion that all funds granted to the several soil conservation districtsunder the provisionsof 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 thereforeanswered 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 originallyappropriatedby H. B. 97. Legls- lat~ive history reveals that each subsequent session of the Legislaturehas reappropriated the unexpendedbalances. Ii. B. 190, Acts of the 52nd Legislature, 1951, R.S. chapter 497, page 1206, reappropriated the unexpended balance~of all sums appropriatedby 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 unexpendedbalances of moneys appropriatedby 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 unexpendedbalances 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 unexpendedbalance of themoneys approprlated by H. B. 97,Acts of the 51st Legislature should continue to be reappropriated eachbiennium.MP. A. C. Spencer - page 4 --WW-23

SUMMARY Unexpended balances of moneys granted to soil conservationdistrictsby the State Soil ConservationBoard 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 warrantswere issued and the funds withdrawn from the State Treasury for deposit in the localbank or banks of the several soil conservationdistricts. The unexpended balances of moneys appropriatedby 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