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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 ofthe Texas Youth Council, with the prior approval of the Governor, after obtaining the advice ofthe 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 ofthe Legislative Budget Board, approve the transfer into one account, the appropriations shown in Line Items 8, 9, 10, 11and 12,Section 1,Article II, H. B. 133, Acts of the 55th Legislature?

“2. Ifthe 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 .. .- .

Dr. James A. Turman, Page 2 (‘WW-374)

made up offunds appropriated in Line Items 8, 

### 9, 10, 11and 12,Section 1,Article II, H. B. 133,Acts ofthe 55th Legislature?” The answer to the questions submitted hinges upon the construction of items 8, 9, 10, 11and 12of 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 ofGeneral 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 of6 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 orreplacement ofwater linesDr. James A.. Turman, Page (WW-374)

as necessary. . , . . . , . . . . 26,000 Unexpended Balance

As you have pointed out inyour request, the State Board of Control has employed an architect, who in turn has prepared a stngle set ofplans and specifications covering all items ofwork provided for in line items 8, 9, 10, 11and 12quoted above, The employment ofa single architect to prepare a unified set ofplans 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, 11and 12on 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 ofthe 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 4dormitories, approximately 40 beds each, and a superintendent’s home ; Constructing, equipping, paying architect’s fees and furnishing one school building, consisting of 6classrooms, 1woodshop 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 ofwater lines as necessary. The foregoing includes all items of construction and improvements authorized by line items 8, 9, 10, 11and 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 ofthe contract on a single project basis will enable all ofthe authorized work tobe 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 thatthe work authorized by line items 8, 9, 10, 11 and 12may be included in and awarded as a single contract subject to the important qualification that the performance ofeach and every item ofwork authorized by each ofsaid line items is provided for in such contract. With the prior approval of the Governor, the sum appropriated by line items 8, 9, 10, 11and 12may be consolidated into any one of said line items, and the Comptroller ofPublic Accounts is auth,orized tomake disbursements therefrom in accordance with the terms of the contract. This conclusion is supported by the holding inAttorney General’s Opinion NO. WW-329 (1958). The effect of that portion of the Act which provides for the advice ofthe Legislative Budget Board was covered hyAttorney 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 toyollr office. SUMMARY The Texas Youth Council, with th.eprior approval of the Governor, can transfer into one ofsaid items the appropriations contained in. -



### Dr. James A. Turman, Page 5(WW-374)

items 8, 9, 10, 11and 12of theAppropriations made to theGatesville 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 ofPublic Accounts is **au** 

### thorized toapprove claims and issue warrants onsaid consolidated account coveringthe costs ofprojects 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 JohnReevrr By q... &#r .,,.. L4.LLa?<.* Leonard Passmore Assistant

REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert

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