NEY GENE OF TEXAS

WILL WILSON A-RNDcYoENERAL July 27, 1962

Adm. H. R. Nieman, Jr. OpinionNo. WW-1405 Executive Director State Building Commission Re: Austin, Texas Whether line item 20, to the Building Commission,in the GeneralAppropriationbill is available to be used in refinishing certain furniture for the Third Court of Civil Dear AdmiralNieman: Appeals.

You have asked for the opinion of this office as to whether line item 20, to the Building Commission, in the General Appropriation Bill of the 57th Legislature is available to be used in refinishing certain furniture for the Third Court of Civil Appeals in Austin.

Under the heading - BUILDING COMMISSION - line item 20 in the GeneralAppropriationBill of the 57thLegislature reads as follows:
"For purchase of furniture and equipment for the.Third Court of CivilAppeals in Austin, Texas

For the Years Ending Aupust 31. 1962 Aygust 31~. 196% $10,000.00 U.B."
It is the understanding of this office that acting under color of authorizationfrom the above appropriation,certain valuable pieces of furniture from the Third Court of Civil Appealswere refinished, rather than replacedby new furniture. The cost of such refinishingwas $799.50. The present opinion request was necessitatedby the refusal of the Comptroller of PublicAccounts to issue a warrant in payment of the cost of such refinishing.

The Legislature, in making appropriations for theyears 1962and 1963 recognized that the Third Court of CivilAppeals was in need o

h fundswith which to provide furniture and equipment more in keepingwith the honor and dignity of the judicial branch of our State government.Adm. H. R. Nieman, Jr,, page 2 

### bw1405)

The general rule regarding interpretationof appropriation line items is stated in previous opinionsby the Attorney General's office. 80 

### (1953)

e See OpinionsO-4172 

### (1941) and SAs stated in the cited opinions, the general rule is thatmoney appropriatedby the Legislaturecannot be spent for any purpose other than that for which it is appropriated. The validity of thisrule of law cannotbe challenged.

In granting authority for the purchase of furniture for the Third Court of CivilAppeals, the Legislaturealso E,:a,~~~,~h;,a~";~r;;~ tg4,bar;g'lnfp;f

;;",g',",'g"yiedyf;;* if, in the conduct of'such bargaining it became clear that the Statewould be better and more economically served by stopping short of a full-fledged purchase of new furniture, this office certainly cannothold such action improper. The literalwords of the appropriationwould authorize the purchase of used furniture, and its refinishing could be includedwithin the original purchase terms. Canwe say that it was the intent of the Legislature to forbid the Court to retain and preserve the valuable, antique-qualityfurniture it now has? Certainlynot. And if the present furniture can be retained, there is no need for a full purchase of new furniture. If the Comptroller's interpretationwere to be followed, the Courtwould be forced to discard its present furniture and purchase totally new furniture. This is tantamount to saying that the Legislature is, in these particular circumstances,insensitive to the cause of economy in governmentand unaware of the value ofmany of the fine pieces of furniture now in the possessionof the Third Court of CivilAppeals.

In view of the foregoing, it is the opinion of this office that, in the particular fact situationpresented, it was the intent of the Legislature that "refinishingof furniture presently on hand" be includedwithin the subject line item appropriation for purchase of furniture and equipment.

SlJMMAFiY

In the particular fact situation pressnted,a bill for refinishing certain furniture belonging to the Third Court of CivilAppeals in Austin is payable out of a line item appropriationwhich providesAdm. H. R. Nieman, Jr., page 3 

### ww-1405)

funds for "Purchaseof furnitureand equipment for the Third Court of CivilAppeals in Austin, Texas."
Yours very truly,

MIQ:wb
APPROVED:
OPINIONCOMMITTEE
W. V. Geppert, Chairman Pat Bailey Vernon Teofan CharlesLind WILL WILSON Attorney General of Texas

BYwJ&M Malcolm L. Quick Assistant

REVIEWED FOR TBEATTORNEY GENERAL
BY: Leonard Passmore