, 

E 

OF TE 

Arinrxiu. TEX.AR 7S711 

October 17, 1973 

Honorable William H. Skelton 

Chairman 

Opinion No. H- 132 

Board of Pardons and Paroles 

Room 501 John H. Reagan Bldg 

Austin, Texas 78701 

Dear Mr. Skelton: 

Re: Effect of receipt of funds 

from Criminal Justice 

Council on appropriations 

to the Board of Pardons 

and Paroles 

You have submitted to us the following questions; 

“(1) Can the Criminal Justice Council Grant 

No. 3-51-1688, Computerized Data Management, 

which has been approved and will be effective 

September 1, 1973, to August 31, 1974, be implemented without the General Revenue Funds appropriated to the Board of Pardons and Paroles for 

1978-74 year being reduced by the amount of the 

Grant? 

“( 2) If the Computerized Data Management 

Project is refunded by the Criminal Justice Council for fiscal year 1974~75, can the funds be used 

without the General Revenue Funds appropriated 

to the Board of Pardons and Paroles for 1974-1975 

being reduced by the amount of the Grant? ” 

The General Appropriations Act for fiscal 1974 (House Bill 139, 

‘. 63rd Legislature) states at page 111-110: 

“In the event that Criminal Justice funds are 

available to the Board of Pardons and Paroles for 

continuing programs being funded during the fiscal 

year ending August 31, 1973, then the amount of 

p. 634 
The Honorable William H, Skelton, page 2 (H-132) 

General Revenue funds appropriated to the Board 

of Pardons and Paroles shall be reduced during 

each year of the biennium, beginning September 1, 

1973 by the amount of Criminal Justice funds available for these purposes. ” (emphasis added) 

The Criminal Justice Council approved Grant Control No. 3-51-1688, 

providing for Computerized Data Management for the Board of Pardons and 

Paroles for the period from September 1, 1973, to August 31, 1974, The 

Computerized Data Management, an automated system designed to improve 

the flow and procedures required to process the Board’s workload, is a 

new program and was not funded during fiscal 1973, ending August 31, 1973. 

The appropriations bill only provides “continuing programs being 

funded [by Criminal Justice Council grant4 during the fiscal yeariending 

August 31, 1973” will create a reduction of the General Revenue funds. The 

grant in question will not cause a reduction in General Revenue funds during 

fiscal 1974. In addition, it is our opinion that a refunding by the Criminal 

Justice Council of the Computerized Data Management program for fiscal 

1975 will not result in a reducti& in General Revenue funds for that year. 

The program will then be a “continuing program, ” but it stjll will not meet 

the condition of “being funded during the fiscal year ending August 31, 1973. ” 

SUMMARY 

A reduction in appropriations for the Board of 

Pardons and Paroles provided for by the Appropriations 

Bill in the event of refunding by the Criminal Justice 

Council of “continuing programs being funded during 

the fiscal year ending August 31, 1973, I’ is not required 

where a new program is funded to commence September 

1, 1973. 

p. 635 
I 

The Honorable William H. Skelton, page 3 (H-132) 

APPROHED: 

Opinion Committee 

p. 636