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# Ta:-EA RNEY GENERAL OdF~XAS

Honorable Robert S.Calvert Comptroller of Public Accounts State Finance Building Austin, Texas 70774

Dear Mr. Calvert: Opinion No. M-1173

Re: Construction of Senate Bill 528,Acts 62nd Leg., R.S. 1971. relating to the State Law Library.

Your request for an opinion on the above subject matter asks the following questions:

"(1) Isthere pre-existing law for the Law Library Fund to receive atransfer from any sour@e other than the appropriations made to the Supreme Court, Court of Criminal Appeals, and to theAttorney Generalrs office during the current biennium?
"(2) Is the Comptroller legally authorized tomake the transfer on the authority of Sec. 3, Art. V, S.B. 11, 62nd Legislature R.S. as amended by S.B. 7. 1st C.S., 62nd Legislature?
"(3)Who are the -- 'responsible officials of the State authorized' -- inthe context of the General Provisions Sec. 3of the S.B. 11previously cited?"

The transfers inquired about concern the State matching contributions* provided for insection 3ofArticle Vof the Current General Appropriations Act. (P-V-3.3794).

*For O.A.S.I. and employees retirement matching contributions for employees of the State Law Library.

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Honorable Robert S.Calvert, page 2 (M-1173)

The State Law Library Board composed of the Chief Justice of the Supreme Court, the Presiding Judge of the Court of Criminal Appeals, and theAttorney General, iscreated by the provisions of Senate Bill 528. Acts 62nd Leg., R.S. 1971, Ch. 722, p. 2359. Senate Bill 528 also establishes the State Law Library. Section 6 provides:
"Sec.6, All books, documents, files, records,

equipment, and property of all kinds owned and used by the Supreme Court Library, the Court of Criminal Appeals library, and theAttorney General's library are transferred to the State Law Library."
Section 7provides:

"Sec. 7. During thebiennium ending August 31, 1973, the Comptroller of Public Accounts ishereby authorized and directed to set up an account tobe known as the State Law Library Fund and isauthorized and directed to transfer into such account from time to time moneys appropriated to the Supreme Court for the purpose of operatinq and administerins the Supreme Court Library. For the purpose of operatinq and administerinq the library for the Court of Criminal Appeals, the Comptroller isauthorized and directed to transfer to such account from time to time such amounts asmay be necessary for such court's appropriation for consumable SUQplies andmaterials or other desiqnation for its library purposes. For the purpose ofoperatinq and administerinq the library for theAttorney General, the Comptroller isauthorized and directed to transfer into such account from time to time such amounts asmay be necessary from the appropriation to the Attorney General's office for consumable supplies andmaterials orother desiqnation for its library purposes. Such transfers may bemade on the direction

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of the Chief Justice of the Supreme Court, the Presiding Judge of the Court ofCriminal Appeals, and theAttorney General, respectively. Monevs inthe State Law Library Fund may be expended bv theboard or its duly authorized representative for the purpose ofmaintaininq, operatinq, and keepinq un todate the State Law Library. Moneys appropriated for use of the libraries of the Supreme Court, Court of Criminal Appeals, and theAttorney General's office during the present biennium shall notbe affected by this Act." (Emphasis.added.)
Section 3ofArticle V of the current General Appropriations Act provides:

"Sec.,3. SALARY PAYMENT, WITHHOLDINGS, DEDUCTIONS, AND MATCHING CONTRIBUTIONS. The disbursement ofmoneys appropriated inthis Act for salaries andwages shall be subject to the provisions of Public Law No, 68, Seventy-eighth Congress, known as the Current Tax Payment Act of 1943, and any amendments thereto. The officers and employees of agencies for which appropriations are made inthis Act also are authorized tomake retirement deductions inaccordance with the Teachers Retirement or Employees Retirement orJudiciary Retirement Acts onpayroll forms prescribed by the State Comptroller, and the Comptroller isdirected to issue warrants accordingly.

"In each instance inwhich anoperating fund or account iscreated by the provisions of this Act, the responsible officials of the State are authorized to transfer into su,choperating fund or account sufficient moneys from local funds and Federal grants of funds topay proportionally the costs ofmatching State employees retirement contributions, the State's share ofOldAge and Survivors Insurance and the proportionate cost ofpremiums ofpolicies containing

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Group Life, Health, Hospital, Surgical, and/or Medical Expense Insurance for retired employees and officials. Payment by the State from the designated funds onGroup Insurance policy orpolicies for retired employees shall be limited to the amount ofpayment authorized for active employees. Notwithstanding any other provisions of this Act, any department or agency for which funds inthis Act are appropriated shall make such transfers of funds as are necessary, except from those funds appropriated for personal services, topay premiums for insurance for retired employees and officials as authorized inthis Act."
Prior to the enactment of Senate Bill 528, and pursuant to the express provisions of Section 3ofArticle V, supra, all matching funds provided for inthat Section were payable out of the general revenue fund asapart of the cost of operating and administering the three separate libraries. Subsequent to the enactment of Senate Bill 528, these matching contributions are still payable out of the general revenue fund for the operation of the State Law Library, because the matching contributions provided for inSection 3ofArticle V, supra, continue to constitute apart of the cost ofoperating and administering the library for the Supreme Court, the library for the Court of Criminal Appeals, and the library for theAttorney General. The matching contributions out of the general revenue fund are therefore authorized by the provisions of Section 7of Senate Bill 528, supra, and are appropriated for the purpose ofmaintaining, operating and keeping up-to-date the State Law Library.

Your questions are accordingly answered as follows:
(1)Section 7of Senate Bill 528, Acts 62nd Leg., R.S. 1971, ch. 722. p. 2359, constitutes the pre-existing law for

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Honorable Robert S, Calvert, page 5" (M-1173)

making transfers of funds appropriated to the Supreme Court for the purpose ofoperating and administering the Supreme Court Library, of funds appropriated to the Court ofCriminal Appeals for the purpose ofoperating and administering its library, and of funds appropriated to theAttorney General for the purpose of operating and administering its library, including thematching funds appropriated from the general revenue fund by the provisions of Section 3ofArticle Vof the current General Appropriations Act.
(2)The Comptroller of Public Accounts isauthorized to make the transfer on the authority of Section 7of Senate Bill 528 and Section 3ofArticle Vof the current General Appropriations Act.
(3)The responsible officials of the State inthe instant case are the Comptroller of Public Accounts, the Chief Justice of the Supreme Court, the Presiding Judge of the Court of Criminal Appeals and theAttorney General.

SUMMARY

The State matching contributions for O.A.S.I. and employee's retirement contributions for employees of the State Law Library ~required tobematched by the provisionsofSection 3ofArticle Vof the current General Appropriation Act may be transferred into the State Law Library fund, because such deductions andmatching contributions constitute acost ofmaintaining, operating and keeping up todate the State Law Library.

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Prepared by John Reeves Assistant Attorney General

APPROVED: OPINION COMMITTEE

Kerns Taylor, Chairman W. E.Allen, Co-Chairman Malcolm Quick James Quick Bob Lemens Marietta Payne

SAMUEL D.MCDANIEL Staff Legal Assistant

ALFRED WALKER Executive Assistant

NOLA WHITE First Assistant

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