Honorable Wm.J. Burke Opinion No. 

### W-178

Executive Director State Board of Control Re: Provisions of the Supplement Austin, Texas to House Journal, Pae

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

### 3, V.C.S., as it relates to collection of monies andthe re-appropriation for use for specific purposes as such collection of funds andreappropriation for use relates to activities of the Board of Dear Mr. Burke: Control.

You have requested anopinion onthe 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 5th Legislature, Regular Se~ssio;



### 2 Page 

### 1348 at page 1532) and Article 

### 634a SectIon 3 (Vernon’s Civil Statutes), ~tomakethe 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 byyou as follows:

,I

. . . the Board of Control issues aClass and ItemBooklet forkthe use andguidance of bidders in making application for listing onthe bidders list to receive mail invitations to bid. The cost ranges from $2.50 to 

### $7.50 per booklet andbid listing.

II

. . . ;The Board of Control has collected and ited during the fiscal year certain sumsfor above services, but in preparing the deposit
wefailed to designate the collections under Special Service Account category. deposthe slips, theHonorable 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 andItem Booklet previously mentioned, application forms, etc., have been paid from Board of Control General Appropriations, Item 

### 75 of House Bill #lu, andnoreimbursement 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 aquestion you have in your office pertaining to the use of fees collected under Article 

### #634a andyour request for information on the accounting for these fees, andthe interpretation of appropriations madesince 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 andadministrative def:artments andagencies of the State of Texas, page 49, madeanappropriation 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 aCash Control Account in the appropriation ledger, an appropriation number is assigned to the appropriation which is madeandall charges are placed against the appropriations andagainst the Cash Fee Control.

“1 have been unable to find where the 55th Legislature madeanappropriation of the amount collected under Article 

### #634a: During~this bienniumthe fees would be deposited.direct t,oGeneral Revenue, Unappropriated Funds, and showthat they
were collected by the Board of Control, a revenue source code being used.to distinguish this type of
revenue. The 46th and47th 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, andhandling as set-,out above for theHonorable Wm.J. Burke, page 3 (W-178)

appropriations madeby the 43rd Legislature. Since the 47th Legislature, the Legislature,has not madeanappropriation of these fees andthey have been placed into General Funds, ~Unappropriated Cash, anddeposited 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 makeanappropriation, andthe procedure of controlling funds andappropriations as setout above, is followed by this office on all appropriations madeto State Departments inwhich the Legislature limits the expenditure to specific fees.”

Section 3of provides:

“All amounts Article 634a, Vernon’s Civil Statutes,

collected from the annual service charge of those onthe State mailing list or from proposals furnished shall be deposited in the State ,Treasury, in the nameof the ‘State Board of Control Special Service Account

,’ and enough of said funds so collected.shall be used by said Board andpaid out as other funds are to defray all necessary expenses and charges in connection with the making andfurnishing of said proposals.”
The above quoted provisions will be repealed bythe provisions of Senate Bill 189, ticts of the 55th Legislature, when it becomes effective.

Se-ction 54th Leislature, page 138

t at page 3of 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 maybe used for the publication and distribution of anynotice, 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 acharge may bemadeand collected for each such publication in anamountwhich 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 andagencies.

“It is also provided that moneys received andcollected 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 andbinding, amongother purposes.

Aspointed out by the letter from the Comptroller’s office, since the 47th Legislature, the Legislature has note madeanitemized 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. Thefees 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 andis not reimbursement for the cost of publications andsale of printed matter by the State. Therefore, it is our opinion that the provisions of Section 3of 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 andsubsequent 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 3of 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 andregulations are not applicable to the mailing list fees collected pursuant to the provisions of Article 

### 634a, V.C.S.

Yours very truly,

WILLWILSON Attorney General of Texas

JR:pf:wb

APPROVED:

OPINIONCOMMITTEE

H. Grady Chandler, Chairman Mrs. Marietta Payne Wayland C. Rivers, Jr. Roger I. Daily Assistant

REVIEWED

FORTHEATTORNEY GENERAL

BY: Geo. P. Blackburn