GROVER SELLERS 

ARORNICX nlsnmaar. 

AWVI-IN II.T?FXAS 

lrules 

This Opinion over- ) 

Opinion *o-5006 in) 

(80 far 88 it conflicts. ) 

Honorable Geo. H, Sheppard 

Com$rcller of Public Accounts 

Austin, Texas 

Dear Mr. Sheppard: Opinion No. O-6449 

Rer Vhether under the terms of either 

H. B. No. 176 of the 48th Legislature or 

H.B. No. 9 of the 49th Legislature, the 

unexpanded balances of the amount appropriated for the fiscal year 1943-1944 may 

be oarried forward into the year 1944-1945 

and applied to salaries, transportation, 

etc., accruing during that fiscal year-. 

Your request for an opinion upon the above subject matter is in part 

a.8 followsr 

"Please refer to your opinion nmber O-6193 interpretation of H. B. 3. As 

stated in our previous question, there is an unexpended balance of the appropriation for the fiscal year 1943-1944 in the amount of #1,184,655. Senate 

Bill 176 48th Lezisla'mre appropriates $9,800,000 for the fiscal year 1944- 

1945. House Bill 3, 49th Legislature appropriates $1,575,082 for the fiscal 

year 1944-1945. Please tell us whether or not the unexpended balance of the 

amount appropriated for the fiscal year 1943-1944 may be carried forward into the year 1944-1945 and applied to salaries, transportation, etc., accruing during the fiscal year 1944-1945, under the terms of either SB 176 or 

RB3.a 

Article 13 of House Bill No. 176, Chapter 373, of the 48th Legislature, Regular Session, in its entirety is as follows: 

"Section 1. Appropriation. For the purpose of promoting the equalization 

of educational opportunities afforded by the State of Texas, to all enumerated scholastics within the State as herein provided, and for the purpose 

hereinabove set out, there is hereby appropriated cut of the General Revenue 

F'und of the State of Texas, not otherwise appropriated, the sm of Nine 

Ilillion Eight Kundred Thirty Thousand, Nine Hundred and Ninety Dollars 

($9,630,990) for the school year ending August 31, 1944, and Nine Million 

Eight Hundred Thirty Thousand, Nine Hundred and Ninety Dcllas ($9,830,990) 

for the school year ending August 31, 1945, or so much thereof as may be 

necessary for the biennium ending August 31, 1945, to be allocated and 

expended under the provisions of this Act by the State Bepar'ment of Education and under the supervision of the Legislative Accountant. 
. 

Hon. Gee. H. Sheppard, page 2 (O-6449) 

"Sec. 2. Allocation. It is hereby specifically provided that out of the 

money appropriated for each school year of the biennium the sume of Five 

Million Three Hundred Seventy-eight Thousand, Four Bundred and Twenty 

Dollars (#5,378,420) is hereby set aside for Salary Aid; Nine Hundred and 

Twenty Thousand Dollars ($920,000) for High School Tuition; Three Million 

Four Hundred and Forty Thousand Dollars ($3,440,000) for Transportation Aidl 

Seventy One Thousand Three Hundred and Seventy Dollars ($71,370) for the 

administration of this Act as provided herein; Tvmnty-one Thousand and Two 

Hundred Dollars ($21,200) for the expenses of the Legislative Committee, 

the salary of the Legislative Accountant, and for such other and necessary 

expenses incident to the duties of the Legislative Accountant. Such Legislative Accountant shall be paid a salary of not more than Four Thousand and 

Two Hundred Dollars ($4,200&O) per year out of the SD hsreby allocated. 

Any unexpended balance under either of the above allocations at the end of 

the first year ofthe biennium shall be transferred by order of the State 

Superintendent of Public Instruction and the approval of the Legislative 

Accountant to any allooation herein created and set up." 

House Bill Xc. 3, Chapter 3 of the 49th Legislature, bggular Szasion 

amends Section 2 of this Article and reads as follows: 

"Section 2. Allooation. It is hereby specificalljr.provided that out of the 

money appropriated for t he school year of X944-1945 the sum of Nine Million 

One Hundred Ninety-one Thousand Dollars ($9,191,000.00) is hereby set aside 

for Salary Aid; ThreeMillion Seven Hundred Sixty-tbreee :housand Dollars 

(#3,763,000.00) for Transportation Aid: Six Hundred Eighty Thousand Dollars 

(#680,000.00) for High School Tuition; Seventy-one Thousand Three Hundred 

and Seventy IkJlzrs ($71,370.00) for the administration of this Act as provided herein; Twenty-one Thousand and Two Hundred Dollars ($21,200.00) fop 

the expenses of the Legislative (lonrmittee, the salary of the Legislative 

Accountant, and for such other and necessary expenses incident to the duties 

of the Legislative Accountant. Such Legislative Accountant shall be paid a 

salary of not Ioore than Four Thousand Tw Hundred Dollars ($4,200.00) per 

year out of the sum hereby allocated. Any unexpended balance under either 

of the above allocations at the end of either year of the biennium may be 

transferred by order of the State Superintendent of Public Instruction md 

the approval of the Legislative Accountant to any allocation herein created 

and set up." 

The answer to your inquiry involves ? con,struction of Section 2, 

as it originally existed under House Bill 176, and the amended Section 2, 

as it now exists under House Bill No. 3. 

The final paragraph of Section 2 of House Bill 176, as till be 

seen from the first above quotation, deals with "Any unexpended balance" 

of allocations at the end of the first year of the biennia. It made no 

similar provision for any unexpsnded balance of allocations for the second 

year of the biennia. 

Section 2, as amended by House Bill 3 ofthe 49th Legislature, in 

the last paragraph provides: 
Hon. Gee. H. Sheppard, page 3 (O-6449) 

"An unex ended balance under either of' the above allocations at the end d.+ --- --- 

of elt er year ofthe 'biennilrm may be transferred by order of the State 

EperintendenZ 3 Public Instruction and the approval of the Legislatuve 

Accountant to any allocation herein created Fmd set up." (E@phasis ours) 

Now, it is needless to say Section 2 of House Ed11 176 wasthe sole 

controlling pmvision upon your question posed while it continued in existence. After the effective date of busa Bill No. 3, Sec. 2, as there amended, became and oontinuas to be the sole statutory provision-for our guidance. 

Moreover, Section 2 as amended is yet a part and Farce1 of house E%ll 176, 

PS thus amended. 

It is the opinion of this department that the final provision of 

Section 2 of Artible 13 is clear and unambiguous and requires that your 

question be answered in the affirmative. 

The language "any unexpanded balanoe under either of the above 

allocations," means suoh balances of allocations specifically made "above" 

in that amendment. The language "at the end of either year of the bisnnium" could not mean other than such balances at the end of the first fisoal 

year and liksqise those at the end of the second fiscal year of the bisnniUIl. 

Of course, any unexpended balance of allocations contained in Settion 2 of &use Bill No. 176 at the end of the first year of the biennium, 

which had tisen transferred by the order of the StateSupsrintsndent of 

Public Instruction and the approval of the Legislative Accountant prior to 

the effeative date of the amendment of House Bill No. 3, would be effective, 

and such transferred funds would no longer ba the "unexpended balances" 

, contemplated by the Act. House Bill No. 3 became efrectiva February 5, 1945. 

,, 

The oon$truction we have given the statute comports with the elemsntary rules of statutory construction. In 39 Tex. Jur., p. 219, it is said8 

"In accordance with what has already been said, when the language of a statute is unambiguous, and its meaning is clear, the statute will be construed 

and given effeot according to its terms. In such a ease, the court is not 

concerned with the policy or wisdom of the Act, nor with the probability 

that its operation will entail dianstrous or mischievous results." 

In the present case there is nothing to suggest t$pt the result of 

such interpretation of a statute in this instance will en&l disaster or 

bring about mischievous results whatsoever, but on the contrary its tendenoy is to support a clearly stated policy contained in original Section 2 -- 

that is, to authorize the supplementing of specific allocations from unexpcnded balances of other specific allocations in the Appropriation Act. 
Hon. Geo. H. Sheppard, page 4 (O-6449) 

- . 

Opinion No. O-5006 addressed to the State Board of Education is 

overrruled insofar as it conflicts with this opinion. 

Very truly yours 

ATTORNEX GENERU OF TEUS 

By /s/Otis Speer 

Ocie Speer 

Assistant 

APPROVED MAY 16 1945 

/s/ GROWR SELLERS 

ATTORNEY GENLRAL OF TEXAS 

OS-MR8egw This Opinion considered and 

approved in limited conference.