T'msA~~oamim~ GENEZRAL 

OF ?I?ExAs 

A- 1s. - 

W’ILL WILSON 

A-rroR- a-RAI. January 27, 1961 

Mr. 0. B. Ellis. Mrector Ooinlon No. W-ggl 

Texae~Bepartment of Corrections - 

Huntsville, Texas Re: 

Dear Mr. Ellis: 

You have requested our opinion on 

questions: 

Construction and 

effeot of Article 

5382d of Vernon's 

Civil Statutes 

the following 

“1. Should royalties and rentals paid 

after the passage of Article 5382d, Vernon's 

Civil Statutes, on leases of prison lands 

which were executed prior to June 2, 1951, 

be credited to the Special Mineral Fund of the 

Texas Department of Corrections?" 

“2. Should all revenue be c?:?dl.ted to 

the Special Mineral Fund of.the Texas Department 

of Correctlona where such revenue is derived 

from leases on prison lands which were executed 

after the effective date of Article 5382d, VW?" 

Article 6203a, Vernon's Civil Statutes,created the Board 

for Lease of Texas Prison Lands. This Board waa empowered to 

lease all or any part of lands owned by the State of Texas aa 

Texas prison lands. Thi.o Act also provided that "Royalties 

as stipulated in the sale shall be paid to the General Land 

Office at Austin, Texas, for benefit of the General Revenue 

Pund..." We are advised that gwauant to this Act the Board 

med certain prison lands, fram which oil and gas has been 

produced. Royalties therefrom have been recelvra and were 

deposited to the credit of the Ge.leral Revenue Fund as provided in the Statute. 

Subsequently, Article 5382a, Vcrnonls Civil Statuter+ was 

enacted by the 52nd Legislature and became effective on June 2, 

1951. This Act provided that lands thereafter owned or held 

for the use or benefit of any Department, Board, or Agency of 

the State of Texas might be ieased. The Board la comprised of 

the Commiasloner of the General Land Office, the Attorney 

General, and "the particular President or Chairman of the 

Fhard w Acency, or Head of the Department charged G<ith th;? 
Mr. 0. B. Ellis, Page 2 (W-991) 

responeibility of management or control of lands now owned 

by, or that may hereafter be owned by, or held iti trust for, 

the use and benefit of said Department, AEcncy, or Board.” 

Section 16 of this Statute provides that any amounts 

received under and by virtue of this Act shall be deposited 

in the State Treasury to the credit of special funds to be 

known as the ‘(appropriate Department, Board, or Agency) 

Special Mlneral Fund’, which funds are hereby created, and 

shall be used exclusively for the benefit of the appropriate 

Department, Board, or Agency; provided, however, no money 

shall’ever be expended from these funds except by legislative 

appropriation and then for the,purpcaes and in the amounts 

stated in the Act appropriating same.” The Act also repealed 

all laws or parts of lawa.ln conflict therewith. 

Replying to your first question, we are of the opinion 

that all monies received after June 2, 1951, should beg 

deposited to the credit of the Texas Department of Correction’8 

Special Mineral Fund, even though the lease from whiah the 

revenue was derived was executed prior to the effectl.ve date 

of Article 5382d. The provision in Article 6203a for royalties to be paid to the General Land Office for benefit of the 

General Revenue Fund, was superseded and consequently nulli-’ 

fied as cf June 2, 1951, when Article 5382d became operative. 

It is of no consequence that leases may have been executed 

prior to that date since some monies were received therefrom 

after this Act became effective. 

As to your second question, It is our opinion that all 

r&ewe from leases made af.ter June 2, 1951, at which time 

Article 5382d became effective, should properly be credited 

to the Texas Department of Correction16 Special Mineral Fund 

as authorized by that Act. In that connection, we are lnformed that $15,882.53 has been paid on a lease made December 

12, 1952, and that $61,062.69 of royalties has been paid on 

a lease made December 28, 1951, These royalties have been 

deposited to the credit of the General Revenue Fund rather 

that the Special Mineral Fund of the Texas Department of 

Corrections, even though both leases were executed after 

Article 5382d went into effect. While these monies should 

properly have been credited to the Special Mineral Fund of 

the Texas Department of Corrections, you are advised that 

monies may not be withdrawn from the General Revenue Pund 

and placed in another fund in order to rectify a previous 

bookkeeping error, or for any other reason, except upon 

specific direction of the Legislature. Conatltution of 

Texas, Article 8, Section 6; Manlon v. Lockhart, 131 Tex. 175, 
Mr. 0. B. alis, Page 3 (W-991) 

114 S.W. 2d 216; 

Q-44. 

Attorneg Qcneral’e opinions No. O-108 and 

Copies of these opinions are attached. 

SUMMARY 

Royalties and rentals paid after June 2, 1951, 

being the effective date of Article 5382d, 

Vernon’8 Civil Statutes, on leases which were 

executed prior to that date, should properly 

be credited to the Texas Department of 

Correctlonfs Special Mineral and. All 

revenue received from leases which were 

executed after June 2, 1951, should be credited 

to the Texas Department of Correction’s 

Special Mlneral Fund; however, revenue which 

has been received on leases of Texas prison 

lands, irrespective of whether the leaaf, 

was exeotued before or after June 2, 1951, 

and which funds have been erroneously deposited 

to the account of the General Revenue Fund may 

not be withdrawn or transferred to the Special 

Mineral Fund except upon specific direction of 

the Legislature. 

Very truly youra, 

WILL WILSON 

By B. H. Tlmmlns, Jr. .‘/ 

Assistant 

BHT:jh 

APPROVED: 

OPINION COMMITTEE 

w. v. Geppert, Chairman 

John Reeves 

L. P. Imllar 

Ray V. Loftln 

J. Arthur Sandlfn 

REVIEWED FOR THE ATl?ORNEY GENERAL 

BY: Morgan Nesbitt