### ORNEY GENE-L
OFTEXAS

Hon. Paul L. Bognton, President Stephen F. Austin State Teachers College Nacogdoches, Texas

Dear Sir: Opinion No. O-7352 Re: Authority to expend aspecific appropriation for the construction of apermanent improvement when the sumappropriated is inadequate.

We acknowledge your letter of August 10, 

### 1946,wherein you request an opinion of this department onmatters therein discussed, which reads, in substance, as follows:

The 49th Legislature appropriated to the Stephen F. Austin State Teachers College for the year ending August 

### 31, 1946,$24,000.00 for “steam tunnels and steam pipes for main buildings.” Onthree occasions, bids were requested and in each instance the samehad to be rejected because the bids were in excess of the amount appropriated

. ComDanieaare not willing to bid more closely within the range of costs because of the uncertalntg of material and labor costs. That the college might realize the sumappropriated, we,desire to knowwhether wecan let acontract, acost-plus contract, with the stipulation or agreement with the bidder that the total work done would not exceed $24,000.00, andbidder would agree to complete the unit in Its entirety whenmoneys are mad,eavailable. Thecollege could get most of the work done on this basis, and acontract would be let in such awaythat the bidder-company would agree to complete the unit upon which it shall work to its entirety.
Under the facts stated, it is revealed that the appropriation of $24,000.00 for steam tunnels and steam main buildings of the college (Item 

### 78,Acts 1945, $%Y~~f;slature, Regular Session, Chapter 

### 377,page 

### 796)Is inadequate to meet the present day costs of materials and labor for the construction and installation of the steam system. Thebasic question involved here is, webelieve,, whether the college has authority to expend anappropriation madefor the construction or installation of the steam system contemplated by the. ,

Hon. Paul L. Boynton, page 2 

### O-7352

Legislature, whenthe sumappropriated is in fact inadequate.

It Is elemental, of course, that all power to approprlate money for public purposes or to incur any debt therefor, unless given by the Constitution to some other ind,ividual or body politic, rests In the Legislature. Sec. 

### 6of Art. VIII of the Texas Constitution, provides that “no money shall be drawn from~the Treasury but In pursuance of specific appropriations madebyflaw

.‘I This provision requires speclficness as to purpose as well ,as to amount.

The type, of appropriation which weare herein discussing Is aspecific appropriation for apurpose which the Legislature contemplated might be accomplished within the sumappropriated therefor. In other words, webelieve that the Legislature in appropriating Item 

### 78could have anddid contemplate the full complet%on of the construction or installation of a steam tunnel and pipe system for the main buildings of the college, and provided by Its appropriation that the cost of the complete system should not exceed $24,000.00 TheLegislature specified by its appropriation to the college the purpose for which it. should be expended andthe specific amount to be expended for the steam system In question.

It is well knownthat it Is the custom with the Leglslature to appoint committees or boards to investigate the needs of public Institutions and to pass appropriation bills for definite amounts for the support, maintenance and erection of bulldlngs Andyother permanent Improvements therefor. Articles 688, 689, 68qa-2, 689a-7, V.A.C.S.; State v. Hardeman, 163 S.W. 1020. Wedonot think the passage of the appropriation bill, above referred to wherein the specific amount of $24,000 was appropriated for ‘steam tunnels and steam pipes for maln buildings” for the College, the Legislature intended to grant the trustees thereof discretion to incur liabilities on the part of the State for more than this amount.

All public offices and officers are creatures of the law. Thepowers and duties of public officers are defined and limited by law. 22Ruling Case Law, page 

### 555. Public officers maymakeonly such contract with thegovernment they represent
as they are authorized by law to make. Fort Worth Cavalry Club
vs. Sheppard, 125Texas, 339. In our opinion.,, the approprlatlon law authorized In effect the proper officials of the College to makeacontract blnding upon the State for the erection, construction or installation of the steam system in question and fixing the amount to be spent therefor, by impllcatlon, declared that the cost of the steam tunnels and steam plpes for main buildings should in nocase exceed $24,000. This was a llmitation onthe authority of the agents~representing the State, and any efforts ontheir part that would attempt to impose upon theHon. Paul L. Boynton, 

### page3 O-7352

State acontract that would Increase its liability beyond the amount stipulated In the appropriation would be clearly unauthorlzed, andwould be anact not binding on the government. Nichols vs. State, 32S.W. 452; State v. Halderman, 

### 163S.W. 1020. Considering the facts herein quoted, wherein It Is apparent that the College cannot contract for the construction
or installation of acompleted steam system as contemplated in the quoted appropriation bill at acost of $24,000.00, or less,
weare of the opinion that the College cannot let acontract stipulating with the bidder that the total work done would not exceed $24,000 andwherein the bidder would agree to complete the unit in its entirety whenmoneys are madeavailable, for the reasons hereinabove stated.

Trusting the above satisfactorily answers your inquiry, we~remain Very truly yours,
ATTORNEY

GENERALOFTEXAS

Bys/Chester E. Ollison, Chester E. Ollison Assistant

CEO:rt:wc

APPROVED

AUG19, 1946 s/Ocle Speer (Acting) ATTORNEY GENERAL

OFTEXAS Approved Opinion Committee Bys/BWBChairman