I 

PRICIi DAXIEL ,. 

ATTORNEY GESEHAL 

Gerald C. Farm 

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. . 

Honorable L. A. Moods 

State.Suptli5ntendent bf,Public 

Instruction, 

Austin, Texas 

izinion No. -0-2239 

: General Appropriation Act 

1939 - State Decartn;ent 

of Education --,Contingent 

Expenties -- Printing -d 

Buarterly'~allocation oft 

annual appropyiation,. 

You ,state the'following case for an opinion: 

: 

*Thd statutes make it mandatory ', 

upon the Departnent of Education that : 

certain forms,' bulletins atid ,reports 

such as teacher's daily .reeisters, 

teach.er's monthly reports, voucher 

forms, etc., bo filade~,available ,to 

the schools of the State.by Septenher lst, the beginning of the sc!:olastic year.. In order to have these 

form, bulletins and reports avail- 

&blc: for scholastic yoer'1;~13940, 

the Departrmn$ as in the past was 

compelled to issue requisitions ut 

least three to .faur e:or;ths prior tc 

,Scptel,:ber 1,1937, to alloir mple 

tims fop nrir:tirl:; zl:d r!clivi?r:!. ;Zlcn 

the accounts for ,such were prc!&ented 

to the State Cor~:!)tro$lcr for payment 

they wero~rcfu&cd $.)r th.e' reason that 

they bol;e rcquiiition dates prior to 

Sc;.t;:iril.u,r 1, 193:1," 

quesi.ion: 

U,bO$ l;bc:;.b ,f;iCtS gi0U .pT.,poll;ld- thes following 
RdnorableL. A. Foods - Page 2 

Whether or not it ismaterial when the requisition is. made for printing, 

done, 

provided the printingwhen 

is to be paid out of the appropriation,for the.current fiscal year for which the printing,is dote. 

, 

The 'answer to yburinqu%ry is ruled.by the 

opinion of this,,de$artnent o f date November 17,.1915, 

(Opinions of the Attorney General 1914-19~6, p. 695)‘,, . -~ 

holding it to be regular and lawful for a Board of 

Regents to contract for the erection of a dormitory. 

and dining room:to be paid for out of the appropriation 

available thereafter,.to-urit, on Se>teltiber 1, 1916. It 

is declared in that opinion: .' 

"The,fact that this &12~,OQO,OQ : 

appaoprfated for the erecti,on of a _' 

'dormitory..and dining rooLr,is not 

: available until the lst..'day of Sep-, 

~tenber,,l916, does snot postpone the 

. .taking ~effect of this Act of the 

Legislature until that dato. This 

Act is as much the lat\r now as it 

will be subsequent to. Septembcr~l, 

Y' '., 1916,, and the Board of Regents would 

.be warranted in letting the' contract' 

.for the erection of said building at 

the present time or at any ti:.leaft.er 

the enactment of'such law arid prior 

to August 31, 1017, 'the expiration 

.of the fiscal '-eriod for hriliCh 

.appropriation is made. 

“of d0uk32, as this %25,000.00 

is bji: express r;rovision of the Act 

not availabls until Ee:ztembor l,, 1'36, 

no warrant-s coul.d be drawn or naj,ments 

mado out of same .until that date." 

The oj~,Anicn furthcr states: 
.Jrable L. A. Woods -. 'Page 3. 

appropriation, nor do, we mean by 

this opinion to make a holding of 

that character." 

'As we understand your inquiry, it discloses 

that the supplies are' to be received by your depart-. 

mentbut will notbe consumed pri.or to the time ,when 

the anpro,iriationIbocome s.available, thus coming with- 

.in the hoMing of that opinion. 

Trusting,that thi.s will be a satisfactory 

answer 'to your inquiry, we are '. 

.Very truly yours 

. ' ATTORHEY GEi:ERAL GF.TEXRS 

BY 

: Ocie Speer 

Assistant 

.OS*KR:bb . 

/e/ Gerald C.. Kann '~. ;. 

ATl'CRIJhY GIUERAL OF TEXAS 

‘.