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 topurchase business machines for

use byall three of these components of the Central Education Dear Sir: Agency0

Your request for anopinion 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 tobe 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. Youhave 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 budget0

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

sumof Thirty-five thousand Dollars ($35, 000) to the State Board of Eaucation, the

sumof Fifty Thousand Dollars (#50,000) to the State Board of Vocational Education,Bon. J. W.Edgar, page 2 (V-1270

### 1

and the sumof Four Hundred 

### andNinety

cThousand 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 sumof‘Seventy-five Thous,andDollars ($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 andequipment, traveling expenses, andother neoessary expenses D

“The expenditure of the above appropriations shall be subject to the approval of the Legislative Audit Committee, andnone of the funds herein provided shall be spent until such approval shall have been obtained.”

Weunderstand that noquestion is raised concerning approval of the expenditure by the legislative Audit Committee, it having been represented that such approval has been madein this instance.

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

“Section 1, There is hereby established aCentral 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

asmaybe assigned to it bythe Legislature, a0Qn

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

“Section 1, TheState Board of Education is hereby declared to be the policy’ forming andplanning body for the Public School System of the State. It shall also be the State Board for Vocational Education, andas such, said Board shall have all the powers andduties conferred upon it by the various existing statutes nowinHon. J. W.Edgar, page 3 

### (V-1270)

effect relating to the State Board for Vocational Education.

“Sec. 

### 2. It shall have the duties andpowers prescribed in the statute for the State Board of Education and the State Board of Vocational Education.

. it shall have the specific responsi

### hiity for adopting policies enacting regulations andestablishing’general rules for carrying out the duties placed upon it or upon the Central Education Agency bythe Legislature. TheState Commissioner of Education shall be the executive officer through whomthe State Board of Education and the State Board of Vocational Education shall carry out its policies andenforce its rules and regulations. 000n

Asshown by the above statutes, the agencies enumerated in the appropriation are component parts of the Central Education Agency, andwethink it is necessary that they function as aunit in order to carry out the legislative mandate clearly expressed in the statutes. Cooperation between the divisions is necessary in order that the appropriation maybe expended in amanner 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 andequipment, 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. Theprovision relating to the pruchase of these machines, being plain andunambiguous andnot susceptible of oonstruction, in our opinion, authorizes the purchase of business machines as outlined in your opinion request.

SUMMARY

Sufficient authority is contained in HouseBill 

### 322,Acts 51st Leg., R.S. 

### 1949,ch. 615 priation Bi.113,p. 1208 (General Approas it relates trHon. 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 bysuch boards anddepartment.

APPROVED:

J. C. Davis, Jr. County Affairs Division

Jesse P. Luton, Jr. Reviewing Assistant Yours very truly,

PRICEDAMIEL Attorney General

Everett Hutchinson Acting First Assistant

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