Honorable Wm. J. Burke Opinion No. W-178 

Executive Director 

State Board of Control Re: Provisions of the Supplement 

Austin, Texas to House Journal, Pa e 163, 

Sec. 3, and Article % 3&a, Sec. 

3, V.C.S., as it relates to 

collection of monies and the 

re-appropriation for use for 

specific purposes as such collection of funds and reappropriation for use relates 

to activities of the Board of 

Dear Mr. Burke: Control. 

You have requested an opinion on the following question: 

Is the Comptroller authorized under the ro 

visions of Supplement to House Journal page 1 3 

Sec. 3 (Sec. of Article III of Chapter 519 ’ ‘- 

Acts of the 5 2 th Legislature, Regular Se~ssio; 

Page 1348 at page 1532) and Article 634a SectIon 

3 (Vernon’s Civil Statutes), ~to make the transfer 

of funds from the General Revenue Account to the 

Board of Control Special Services Account? 

Your request is based on the following facts stated 

by you as follows: 

,I 

. . . the Board of Control issues a Class and 

Item Booklet fork the use and guidance of bidders in 

making application for listing on the bidders list 

to receive mail invitations to bid. The cost ranges 

from $2.50 to $7.50 per booklet and bid listing. 

II 

. . . 

;The Board of Control has collected and 

ited during the fiscal year certain sums for 

above services, but in preparing the deposit 

we failed to designate the collections under 

Special Service Account category. 

deposthe 

slips, 

the 
Honorable Wm. J. Burke, page 2 (raw-178) 

We have requested the Comptroller to change 

the distribution of the Booklet charges collected 

from the regular General, Revenue deposit to the 

‘Special Service Account’ deposit since the cost 

of publication of,.the Class and Item Booklet previously mentioned, application forms, etc., have 

been paid from Board of Control General Appropriations, Item 75 of House Bill #lu, and no reimbursement for the booklet so published and issued 

to prospective bidders has been credited back to 

this account for continuance of the program.” 

In response to our request to the Comptroller’s Office 

regarding the disposition in the past of fees collected under 

the provisions of Article 634a, the Comptroller has stated: 

“Referring to the conversation with you with 

reference to a question you have in your office 

pertaining to the use of fees collected under Article #634a and your request for information on 

the accounting for these fees, and the interpretation of appropriations made since the 43rd Legislature of 1933, the year in which the Article 

#634a was passed, House Bill #I67 of the 43rd Legislature, making appropriations to the executive 

and administrative de 

f: 

artments and agencies of the 

State of Texas, page 49, made an appropriation 

for these fees. The procedure which is followed 

on appropriations of this type, which restricts 

the amount appropriated to the actual fees received, the fees collected are credited to a Cash 

Control Account in the appropriation ledger, an 

appropriation number is assigned to the appropriation which is made and all charges are placed 

against the appropriations and against the Cash Fee 

Control. 

“1 have been unable to find where the 55th 

Legislature made an appropriation of the amount 

collected under Article #634a: During~ this biennium the fees would be deposited.direct t,o General 

Revenue, Unappropriated Funds, and show that they 

were collected by the Board of Control, a revenue 

source code being used. to distinguish this type of 

revenue. The 46th and 47th Legislatures did appropriate all of the fees or set limitations for certain positions to be paid out of these fees. During 

these years, the fees were set into the Cash Fund 

Control, and handling as set-,out above for the 
Honorable Wm. J. Burke, page 3 (W-178) 

appropriations made by the 43rd Legislature. 

Since the 47th Legislature, the Legislature,has 

not made an appropriation of these fees and they 

have been placed into General Funds, ~Unappropriated Cash, and deposited to the source of Revenue assigned for service charges, showing that 

they were deposited by the Board of Control. Until the present time, there has never been any 

question as to whether the mailing ,list fees were 

appropriated in years in which the ~Legislature 

did not make an appropriation, and the procedure 

of controlling funds and appropriations as setout above, is followed by this office on all 

appropriations made to State Departments in which 

the Legislature limits the expenditure to specific fees.” 

Section 3 of 

provides: 

“All amounts 

Article 634a, Vernon’s Civil Statutes, 

collected from the annual service charge of those on the State mailing list or 

from proposals furnished shall be deposited in 

the State ,Treasury, in the name of the ‘State 

Board of Control Special Service Account ,’ and 

enough of said funds so collected.shall be used 

by said Board and paid out as other funds are to 

defray all necessary expenses and charges in connection with the making and furnishing of said 

proposals.” 

The above quoted provisions will be repealed by the provisions 

of Senate Bill 189, ticts of the 55th Legislature, when it becomes effective. 

Se-ction 

54th Le islature, 

page 13 t 8 at page 

3 of Article. III of Chapter 519, Acts of the 

Regular Session (General Appropriation Act), 

1532, provides: 

“Publication and Sale of Printed Matter. tiny 

moneys appropriated under this Atticle for general’ 

operating, maintenance , miscellaneous, or contingent expenses, or specifically appropriated for 

printing, within the discretion of the head of each 

executive or administrative department or agency 

may be used for the publication and distribution of 

any notice, pamphlet, booklet, rules, regulations, 

or other matters of public interest, the subject 

matter of which is directly related to the statutory responsibilities of the respective department 

or agency. 
Honorable Wm. J. Burke, page 4 (WW-178) 

‘IIt is further provided that a charge may 

be made and collected for each such publication 

in an amount which will reasonably reimburse the 

State for the actual expense of printing it; ‘but 

any such publication is to be furnished without 

charge to other State departments and agencies. 

“It is also provided that moneys received 

and collected from such charges are hereby appropriated to the respective department or agency issuing the publications, for use during the fiscal 

year in which the receipts are collected. The 

State Comptroller is to credit such receipts to 

the appropriation item or items, from which the 

printing costs were originally paid.tt 

Item 75 of the appropriation to the State Board of 

Control appropriates moneys to be expended for the purpose of 

printing and binding, among other purposes. 

As pointed out by the letter from the Comptroller’s 

office, since the 47th Legislature, the Legislature has note 

made an itemized appropriation of the mailing lists fees <and 

has not carried in the appropriation to the Board of Control 

the “State Board of Control Special Service Account” as provided in Article 634a. The fees collected pursuant to the 

provisions of Article 634a, are mailing list fees entitling a 

person, firm or corporation paying such fees to be placed on 

the State mailing list of prospective bidders on contracts to 

be let by the State Board of Control and is not reimbursement 

for the cost of publications and sale of printed matter by the 

State. Therefore, it is our opinion that the provisions of 

Section 3 of Article III of Chapter 519, Acts of the 54th Legislature, Regular Session, does not apply to the mailing list 

fees collected pursuant to the provisions of Article 634a, 

Vernon’s Civil Statutes. Since the Legislature prior to 1943 

appropriated such mailing list fees and subsequent to 1941 has 

not appropriated mailing list fees, it is our opinion that the 

moneys collected pursuant to the provisions of titicle 634a, 

are not to be available to the State Board of Control for vexpenditure. 

The provisions of Section 3 of Article III, 

Chapter 519, acts of the 54th Legislature, Regular Session, page 1348 at page..l532, appropriating moneys collected for the publication and 

distribution of notices, pamphlets, booklets, 
Honorable Wm. J. Burke, page 5 (WW-178) 

r~ules and regulations are not applicable to the 

mailing list fees collected pursuant to the provisions of Article 634a, V.C.S. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:pf:wb 

APPROVED: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman 

Mrs. Marietta Payne 

Wayland C. Rivers, Jr. 

Roger I. Daily 

Assistant 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Geo. P. Blackburn