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Dr. James A. Turman 

Executive Director 

Texas Youth Council 

Austin, Texas 

Dear Dr. Turman: 

Opinion No. WW-374 

Re: Can the Texas Youth Council 

with the prior approval of 

the Governor transfer into 

one account certain appropriations made to the Gatesville 

State School for Boys in 

House Bill 133, Acts 55th 

Legislature, Regular Session, 

Chapter 385, page 914, and 

related question. 

Your request for an opinion concerns the authority of the 

Texas Youth Council, with the prior approval of the Governor, 

after obtaining the advice of the Legislative Budget Board, to 

consolidate certain appropriation items made to the Gatesville 

State School for Boys into one account. Disbursements would then 

be made from the single account for the accomplishment of certain 

authorized improvements, as described in each of the affected items, 

The two specific questions presented for our determination 

are as follows: 

“1. In order that the low bid received may 

be accepted and the new unit for younger boys constructed in the most economical and least confusing 

manner, can the Governor, with the advice of the 

Legislative Budget Board, approve the transfer into 

one account, the appropriations shown in Line Items 

8, 9, 10, 11 and 12, Section 1, Article II, H. B. 133, 

Acts of the 55th Legislature? 

“2. If the answer to the above question is 

in the affirmative, can the Comptroller approve claims 

and issue warrants covering the cost of constructing, 

equipping, paying architect’s fees and furnishing said 

unit for younger boys from the consolidated account 

. . . 
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Dr. James A. Turman, Page 2 (‘WW-374) 

made up of funds appropriated in Line 

Items 8, 9, 10, 11 and 12, Section 1, Article 

II, H. B. 133, Acts of the 55th Legislature?” 

The answer to the questions submitted hinges upon the 

construction of items 8, 9, 10, 11 and 12 of the appropriation made 

to the Gatesville State School for Boys by House Bill 133, Acts 

55th Legislature, Regular Session, Chapter 385, page 914, same 

being the current Biennial Appropriation Act. The items provide 

as follows: 

“Out of General Revenue Fund: 

For the Years 

Ending 

August 31, August 31, 

1958 1959 

” 8. For constructing, equipping, paying architect’s 

fees and furnishing 4 

dormitories, approximately 40 beds each, and Unexpended 

a superintendent’s home $192,500 Balance 

‘$9. For constructing, equipping, paying architect’s 

fees and furnishing one 

school building, consisting of 6 classrooms, 1 Unexpended 

woodshop and 4 offices. , . 54,000 Balance 

“10. For constructing, equipping, paying architect’s 

fees and furnishing one 

kitchen and dining room 

to serve additional Unexpended 

dormitories. . . . . . . . 38,500 Balance 

“11. For constructing exterior 

walks and paving to serve Unexpended 

. 

new facilities . . . . . . . 7,000 Balance 

“12. For repair of or addition 

to existing sewage treatment plant, and repair 

or replacement of water lines 
Dr. James A.. Turman, Page (WW-374) 

as necessary. . , . . . , . . . . 26,000 

Unexpended 

Balance 

As you have pointed out in your request, the State Board 

of Control has employed an architect, who in turn has prepared a 

stngle set of plans and specifications covering all items of work 

provided for in line items 8, 9, 10, 11 and 12 quoted above, The 

employment of a single architect to prepare a unified set of plans 

and specifications eliminated the necessity of employing an architect to prepare plans and specifications for the work authorized by 

each item, thereby reducing the costs for this phase of the work. 

You further state that the Board of Control has advertised and received bids for all of the work authorized by items 8, 9, 10, 11 and 

12 on a collective or lump sum basis, rather than calling for and 

receiving separate bids for the work authorized by each individual 

item. In accordance with its determination that such procedure 

would be economically feasible, and result in a saving of the funds 

affected, the Board of Control, provided same is authorized, will 

now award a single contract, which will provide for: 

1. 

2. 

3. 

Constructing, equipping, paying architect’s fees and furnishing 4 dormitories, approximately 

40 beds each, and a superintendent’s 

home ; 

Constructing, equipping, paying architect’s fees and furnishing one school building, consisting of 6 classrooms, 1 woodshop 

and 4 offices; 

Constructing, equipping, paying 

architect’s fees and furnishing 

one kitchen and dining room to 

serve additional dormitories; 
Dr. James A. Turman, Page 4 (WW-374) 

4. Constructing exterior walks 

and paving to serve new 

facilities; 

5. Repair of or addition to existing sewage treatment plant, and 

repair or replacement of water 

lines as necessary. 

The foregoing includes all items of construction and improvements 

authorized by line items 8, 9, 10, 11 and 12. The contract treats the 

work, authorized by each of the foregoing line items, as a singie 

project rather than five (5) separate and distinct projects, thereby 

eliminating the necessity for receiving bids on and awarding five 

separate contracts. Both the Board of Control and the Youth Council 

have ascertained that award of the contract on a single project basis 

will enable all of the authorized work to be accomplished in the most 

economical and expeditious manner possible. 

We believe that the effect of the underscored language’, which 

immediately follows line item 12, supra, is to make each of the five 

line items, with which we are here concerned, interchangeable, provided, of course, that the prior approval of the Governor is obtained. 

We further believe that the work authorized by line items 8, 9, 10, 11 

and 12 may be included in and awarded as a single contract subject 

to the important qualification that the performance of each and every 

item of work authorized by each of said line items is provided for in 

such contract. With the prior approval of the Governor, the sum 

appropriated by line items 8, 9, 10, 11 and 12 may be consolidated 

into any one of said line items, and the Comptroller of Public Accounts 

is auth,orized to make disbursements therefrom in accordance with 

the terms of the contract. This conclusion is supported by the holding in Attorney General’s Opinion NO. WW-329 (1958). The effect of 

that portion of the Act which provides for the advice of the Legislative Budget Board was covered hy Attorney General’s Opinions numbered WW-282 (1957) and WW-329, supra, and in the interest of 

brevity will not be repeated here. Therst opinion was addressed 

to yollr off ice. 

SUMMARY 

The Texas Youth Council, with 

th.e prior approval of the Governor, 

can transfer into one of said items 

the appropriations contained in 
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Dr. James A. Turman, Page 5 (WW-374) 

items 8, 9, 10, 11 and 12 of 

the Appropriations made to 

the Gatesville State, School 

for Boys by House Bill 133, 

Acts, 55th Legislature, 

Regular Session, Chapter 

385, page 914, subject to 

the conditions set forth 

above, The Comptroller 

of Public Accounts is authorized to approve claims 

and issue warrants on said 

consolidated account covering the costs of projects 

authorized by said items. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

LP:wam:ps 

APPROVED: 

OPINION COMMITTEE 

J. C. Davle, Chairman 

B. H. Timmlnr, Jr. 

Ralph R, Rash 

John Reevrr 

By q... &#r .,,.. L4.L La?<.* 

Leonard Passmore 

Assistant 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: W. V. Geppert 

,