GROVER SELLERS

ARORNICXnlsnmaar. 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 1943-1944may 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 subjectmatter is in part a.8 followsr

"Please refer to your opinion nmber O-6193 interpretationof H. B. 3. As stated in our previous question, there is an unexpended balance ofthe 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 appropriatedfor the fiscal year 1943-1944may be carried forward into the year 1944-1945and 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 opportunitiesafforded by the State of Texas, to all enumerated scholasticswithin 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 ThirtyThousand, Nine Hundred and NinetyDollars ($9,630,990)for the school year endingAugust 31, 1944, and NineMillion Eight Hundred Thirty Thousand,Nine Hundred and Ninety Dcllas ($9,830,990) for the schoolyear endingAugust 31, 1945, or somuch thereof as may be necessary for the biennium endingAugust 31, 1945, to be allocated and expended under the provisions of this Act by the State Bepar'ment of Education and under the supervisionof the LegislativeAccountant..

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

"Sec. 2. Allocation. It is hereby specificallyprovided that out of the money appropriated for each schoolyear of the biennium the sume of Five Million Three Hundred Seventy-eightThousand, Four Bundred and Twenty Dollars (#5,378,420)is hereby set aside for SalaryAid; NineHundred and Twenty ThousandDollars ($920,000)for High School Tuition; ThreeMillion Four Hundred and Forty Thousand Dollars ($3,440,000)for TransportationAidl Seventy One ThousandThree Hundred and Seventy Dollars ($71,370)for the administrationof this Act as provided herein; Tvmnty-one Thousandand Two Hundred Dollars ($21,200)for the expenses ofthe Legislative Committee, the salary of the LegislativeAccountant, and for such other and necessary expenses incident to the duties of the LegislativeAccountant. Such LegislativeAccountant shallbe 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 Instructionand the approval of the Legislative Accountant to any allooation herein createdand set up."

House BillXc. 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 appropriatedfor t he schoolyear of X944-1945 the sum of NineMillion One Hundred Ninety-oneThousand Dollars ($9,191,000.00)is hereby set aside for Salary Aid; ThreeMillion Seven Hundred Sixty-tbreee:housandDollars (#3,763,000.00)for TransportationAid: Six Hundred Eighty Thousand Dollars (#680,000.00)for High School Tuition;Seventy-oneThousand Three Hundred and Seventy IkJlzrs ($71,370.00)for the administration of this Act as provided herein; Twenty-oneThousand and Two Hundred Dollars ($21,200.00)fop the expenses of the Legislative (lonrmittee, the salary ofthe Legislative Accountant, and for such other and necessary expenses incident to the duties of the LegislativeAccountant. Such LegislativeAccountant shallbe paid a salary of not Ioorethan 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 bienniummay be transferredby order of the State Superintendentof Public Instructionmd the approval of the LegislativeAccountant to any allocationherein 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 existsunder 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. Itmade no similarprovision for any unexpsnded balance of allocations for the second year of the biennia.

Section 2, as amendedby House Bill 3 ofthe 49th Legislature, in the last paragraph provides:Hon. Gee. H. Sheppard, page 3 (O-6449)

"An unex ended balanceunder 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 Instructionand the approval of the Legislatuve Accountant to any allocationherein created Fmd set up." (E@phasisours)

Now, it is needless to say Section 2 of House Ed11 176wasthe sole controllingpmvision upon your question posedwhile 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 statutoryprovision-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 balanoeunder either of the above allocations,"means suoh balances of allocations specificallymade "above" in that amendment. The language "at the end of either year of the bisnnium" couldnot mean other than such balances atthe 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 firstyear of the biennium, which had tisen

transferred by the order of the StateSupsrintsndentof Public Instructionand the approval of the LegislativeAccountant prior to the effeative date of the amendment of House Bill No. 3, would be effective, and such transferred fundswould no longer ba the "unexpendedbalances"

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

,, The oon$tructionwe have given the statute comportswith the elemsntary rules of statutory construction. In 39 Tex. Jur., p. 219, it is said8

"In accordancewith what has already been said,when the language of a statute is unambiguous,and its meaning is clear, the statutewill be construed and given effeot according to its terms. In such a ease, the court is not concernedwith the policy orwisdom of the Act, nor with the probability that its operationwill entail dianstrous or mischievous results."

In the present case there is nothing to suggest t$pt the result of such interpretationof a statute in this instancewill en&l disaster or bring aboutmischievous resultswhatsoever, but on the contrary its tendenoy is to support a clearly statedpolicy contained in original Section 2 -- that is, to authorize the supplementingof specific allocations from unexpcnded balances of other specificallocations in the AppropriationAct.Hon. Geo. H. Sheppard, page 4 (O-6449) - .

Opinion No. O-5006 addressed to the State Board of Education is overrruled insofar as it conflictswith 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 consideredand approved in limited conference.