NEY GENE 

OF TEXAS 

WILL WILSON 

A-RNDcYoENERAL 

July 27, 1962 

Adm. H. R. Nieman, Jr. Opinion No. WW-1405 

Executive Director 

State Building Commission Re: 

Austin, Texas 

Whether line item 20, to the 

Building Commission, in the 

General Appropriation bill is 

available to be used in refinishing certain furniture 

for the Third Court of Civil 

Dear Admiral Nieman: 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 General Appropriation Bill of the 57th Legislature 

reads as follows: 

"For purchase of furniture and equipment for the.Third 

Court of Civil Appeals 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 authorization from the above appropriation, certain valuable pieces of furniture from the Third Court of Civil 

Appeals were refinished, rather than replaced by new furniture. 

The cost of such refinishing was $799.50. The present opinion 

request was necessitated by the refusal of the Comptroller of 

Public Accounts to issue a warrant in payment of the cost of 

such refinishing. 

The Legislature, in making appropriations for the years 

1962 and 1963 recognized that the Third Court of Civil Appeals 

was in need o h funds with which to provide furniture and equipment more in keeping with the honor and dignity of the judicial 

branch of our State government. 
Adm. H. R. Nieman, Jr,, page 2 bw1405) 

The general rule regarding interpretation of appropriation line items is stated in previous opinions by the 

Attorney General's office. 

80 (1953) e

See Opinions O-4172 (1941) and SAs stated in the cited opinions, the general rule 

is that money appropriated by the Legislature cannot be spent 

for any purpose other than that for which it is appropriated. 

The validity of this rule of law cannot be challenged. 

In granting authority for the purchase of furniture 

for the Third Court of Civil Appeals, the Legislature also 

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 

State would be better and more economically served by stopping 

short of a full-fledged purchase of new furniture, this office 

certainly cannot hold such action improper. The literal words 

of the appropriation would authorize the purchase of used furniture, and its refinishing could be included within the original 

purchase terms. Can we say that it was the intent of the Legislature to forbid the Court to retain and preserve the valuable, antique-quality furniture it now has? Certainly not. 

And if the present furniture can be retained, there is no need 

for a full purchase of new furniture. If the Comptroller's 

interpretation were to be followed, the Court would 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 government and unaware of the value of many of the 

fine pieces of furniture now in the possession of the Third 

Court of Civil Appeals. 

In view of the foregoing, it is the opinion of this 

office that, in the particular fact situation presented, it was 

the intent of the Legislature that "refinishing of furniture 

presently on hand" be included within 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 Civil Appeals in Austin is payable out of a line item appropriation which provides 
Adm. H. R. Nieman, Jr., page 3 ww-1405) 

funds for "Purchase of furniture and equipment for 

the Third Court of Civil Appeals in Austin, Texas." 

Yours very truly, 

MIQ:wb 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

Vernon Teofan 

Charles Lind 

WILL WILSON 

Attorney General of Texas 

BYwJ&M 

Malcolm L. Quick 

Assistant 

REVIEWED FOR TBE ATTORNEY GENERAL 

BY: Leonard Passmore