. . 

Ta:-E A 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) Is there pre-existing law for the Law 

Library Fund to receive a transfer from any sour@e 

other than the appropriations made to the Supreme 

Court, Court of Criminal Appeals, and to the Attorney Generalrs office during the current biennium? 

"(2) Is the Comptroller legally authorized 

to make 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' -- in the context of the 

General Provisions Sec. 3 of the S.B. 11 previously 

cited?" 

The transfers inquired about concern the State matching 

contributions* provided for insection 3 of Article V of 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 the Attorney General, is created 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 the Attorney General's 

library are transferred to the State Law Library." 

Section 7 provides: 

"Sec. 7. During the biennium ending August 31, 

1973, the Comptroller of Public Accounts is hereby 

authorized and directed to set up an account to be 

known as the State Law Library Fund and is authorized 

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 is authorized and directed to transfer to such account 

from time to time such amounts as may be necessary 

for such court's appropriation for consumable SUQplies and materials or other desiqnation for its 

library purposes. For the purpose of operatinq and 

administerinq the library for the Attorney General, 

the Comptroller is authorized and directed to transfer into such account from time to time such amounts 

as may be necessary from the appropriation to the 

Attorney General's office for consumable supplies 

and materials or other desiqnation for its library 

purposes. Such transfers may be made on the direction 

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Honorable Robert S. Calvert, page,3 (M-1173) 

of the Chief Justice of the Supreme Court, the Presiding Judge of the Court of Criminal Appeals, and 

the Attorney General, respectively. Monevs in the 

State Law Library Fund may be expended bv the board 

or its duly authorized representative for the purpose 

of maintaininq, operatinq, and keepinq un to date 

the State Law Library. Moneys appropriated for use 

of the libraries of the Supreme Court, Court of 

Criminal Appeals, and the Attorney General's office 

during the present biennium shall not be affected by 

this Act." ( Emphasis.added.) 

Section 3 of Article V of the current General Appropriations 

Act provides: 

"Sec. ,3. SALARY PAYMENT, WITHHOLDINGS, DEDUCTIONS, AND MATCHING CONTRIBUTIONS. The disbursement of moneys appropriated in this Act for salaries 

and wages 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 in this Act also are 

authorized to make retirement deductions in accordance with the Teachers Retirement or Employees Retirement or Judiciary Retirement Acts on payroll 

forms prescribed by the State Comptroller, and the 

Comptroller is directed to issue warrants accordingly. 

"In each instance in which an operating fund or 

account is created by the provisions of this Act, the 

responsible officials of the State are authorized to 

transfer into su,ch operating fund or account sufficient moneys from local funds and Federal grants 

of funds to pay proportionally the costs of matching 

State employees retirement contributions, the State's 

share of Old Age and Survivors Insurance and the proportionate cost of premiums of policies containing 

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Honorable Robert S. Calvert, page 4 (M-1173) 

Group Life, Health, Hospital, Surgical, and/or Medical 

Expense Insurance for retired employees and officials. 

Payment by the State from the designated funds on Group 

Insurance policy or policies for retired employees 

shall be limited to the amount of payment authorized 

for active employees. Notwithstanding any other 

provisions of this Act, any department or agency for 

which funds in this Act are appropriated shall make 

such transfers of funds as are necessary, except from 

those funds appropriated for personal services, to pay 

premiums for insurance for retired employees and officials as authorized in this Act." 

Prior to the enactment of Senate Bill 528, and pursuant 

to the express provisions of Section 3 of Article V, supra, 

all matching funds provided for in that Section were payable 

out of the general revenue fund as a part 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 in Section 3 of Article V, supra, 

continue to constitute a part of the cost of operating and 

administering the library for the Supreme Court, the library 

for the Court of Criminal Appeals, and the library for the Attorney 

General. The matching contributions out of the general revenue 

fund are therefore authorized by the provisions of Section 7 of 

Senate Bill 528, supra, and are appropriated for the purpose 

of maintaining, operating and keeping up-to-date the State Law 

Library. 

Your questions are accordingly answered as follows: 

(1) Section 7 of 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 of operating and administering the Supreme Court Library, of funds appropriated to the Court of Criminal Appeals for 

the purpose of operating and administering its library, and of 

funds appropriated to the Attorney General for the purpose of 

operating and administering its library, including the matching 

funds appropriated from the general revenue fund by the provisions 

of Section 3 of Article V of the current General Appropriations 

Act. 

(2) The Comptroller of Public Accounts is authorized to 

make the transfer on the authority of Section 7 of Senate Bill 

528 and Section 3 of Article V of the current General Appropriations 

Act. 

(3) The responsible officials of the State in the 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 the Attorney General. 

SUMMARY 

The State matching contributions for 

O.A.S.I. and employee's retirement contributions for employees of the State Law 

Library ~required to be matched by the provisions of Section 3 of Article V of the 

current General Appropriation Act may be 

transferred into the State Law Library fund, 

because such deductions and matching 

contributions constitute a cost of maintaining, operating and keeping up to date 

the State Law Library. 

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Honorable Robert S. Calvert, page 6 (M-1173) 

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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