August 31, 1951 

Hon. J. ‘N, Edgar Opinion No, V-1270 

Commissioner of Education 

Texas Education Agency Re: Legality of expending 

Austin, Texas funds appropriated to 

the State Board of 

Education, the State 

Bdara for Vocational 

Education, and the 

State Department of 

Education to purchase 

business machines for 

use by all three of 

these components of 

the Central Education 

Dear Sir: Agency 0 

Your request for an opinion relates to the 

authority of the State Board of Education to approve 

the purchase of business machines from funds appropriated by the General Appropriation Bill to be used 

by the State Board of Education, the State Board for 

Vocational Education, and the State Department of 

Education for the biennium ending August 31, 1951. 

You have stated that the Legislative Audit Committee 

approved the operating budget for the Texas Education Agency for the fiscal year 1950-51 specifying 

the amount budgeted to regular salaries and the 

amount budgeted to other operating expenses, authorizing the transfer of unexpended balances in the 

regular salaries budget to the other operating expenses budget 0 

House Bill 322, Acts 51st Leg., R.S. 1949, 

ch. 615, p.1208, at p0 1237, provides in part: 

“Subject to the limitations appearing 

at the end of this Act there is hereby appropriated for each of the fiscal years of 

the biennium ending August 31p 1951, the 

sum of Thirty-five thousand Dollars ($35, 

000) to the State Board of Eaucation, the 

sum of Fifty Thousand Dollars (#50,000) to 

the State Board of Vocational Education, 
Bon. J. W. Edgar, page 2 (V-1270 1 

and the sum of Four Hundred and Ninety 

c Thousand Dollars ($490,000) to the 

State Department of Educatian from the 

Foundation School Fund, created by 

Senate Bill 117, Acts of the Regular 

Session, 51st Legislature, 1949, ana 

the sum of ‘Seventy-five Thous,and Dollars ($75,000) to the Textbook Division of the State Department of Education from the State Textbook Fund 

for salaries, per diem of Board MemA 

bers, office supplies and equipment, 

traveling expenses, and other neoessary expenses D 

“The expenditure of the above appropriations shall be subject to the approval of the Legislative Audit Committee, 

and none of the funds herein provided 

shall be spent until such approval shall 

have been obtained.” 

We understand that no question is raised 

concerning approval of the expenditure by the legislative Audit Committee, it having been represented that such approval has been made in this instance. 

Article 2654-1, V. C. S,, provides in part: 

“Section 1, There is hereby established a Central Education Agency composed of the State Board of Education, 

the State Board for Vocational Education, 

the State Commissioner of Education, and 

the State Department of Education. It 

shall oarry Put such educational functions 

as may be assigned to it by the Legislature, a 0 Qn 

Article 2654-3, V.C,S,, provides in part: 

“Section 1, The State Board of Education is hereby declared to be the policy’ 

forming and planning body for the Public 

School System of the State. It shall also 

be the State Board for Vocational Education, and as such, said Board shall have 

all the powers and duties conferred upon 

it by the various existing statutes now in 
Hon. J. W. Edgar, page 3 (V-1270) 

effect relating to the State Board for 

Vocational Education. 

“Sec. 2. It shall have the duties 

and powers prescribed in the statute for 

the State Board of Education and the 

State Board of Vocational Education. . 

it shall have the specific responsihiity for adopting policies enacting 

regulations and establishing’general 

rules for carrying out the duties placed 

upon it or upon the Central Education 

Agency by the Legislature. The State 

Commissioner of Education shall be the 

executive officer through whom the State 

Board of Education and the State Board 

of Vocational Education shall carry out 

its policies and enforce its rules and 

regulations. 0 0 0n 

As shown by the above statutes, the agencies 

enumerated in the appropriation are component parts 

of the Central Education Agency, and we think it is 

necessary that they function as a unit in order to 

carry out the legislative mandate clearly expressed 

in the statutes. Cooperation between the divisions 

is necessary in order that the appropriation may be 

expended in a manner to effectuate the legislative 

intent 0 Att’y Gen. Op. 0-4674 (1942). 

It is to be noted that specific authorization is contained in the foregoing appropriation for 

the purchase of office supplies and equipment, ana 

it is our opinion that the term “office supplies and 

equipment” is sufficiently broad in scope to cover 

the purchase of business machines which are to be 

utilized in the offices of the State Board of Eauoation, State Board for Vocational Education, and. the 

State Department of Education. The provision relating to the pruchase of these machines, being plain 

and unambiguous and not susceptible of oonstruction, 

in our opinion, authorizes the purchase of business 

machines as outlined in your opinion request. 

SUMMARY 

Sufficient authority is contained 

in House Bill 322, Acts 51st Leg., R.S. 

1949, ch. 615 

priation Bi.113, 

p. 1208 (General Approas it relates tr 
Hon. J. W. Edgar, page 4 (V-1270) 

the State.Boara of Education, State 

Board for Vocational Education, and 

the State Qepartment of Education, 

for the purchase of business machines 

for use by such boards and department. 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Division 

Jesse P. Luton, Jr. 

Reviewing Assistant 

Yours very truly, 

PRICE DAMIEL 

Attorney General 

Everett Hutchinson 

Acting First Assistant 

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