### THE 

### ATTOKNEY GENERAL OPTEXA~

October 

### 5@1948

Hon. C, H. Cavness State Auditor Austin, Texas Attention: Mr. William A. Harrison Opinion No. V-696

Dear Sir:- Re: Effective dates of clemency proclamations and the legality of payment of discharge funds 

### 5 years after a conditional pardon is granted,

In your letter of reoent date you request an opinion by this department upon the following

"Under Section 10of Article 

### 6203, Vernon's R, C, S., the Texas Prison Systernis required to pay $i5aO0to each parolee whoreceives aConditional Pardon, questions:

"In checking the records of the Texas Prison System wefind that during the oalendar year 1948 the Prison System has made payments to parolees whoreceived Conditional Pardons back in the year 1943* Is this procedure legal in view of our twoyear Statute of Limitation? "In our examination of Clemency Proclamations signed bythe Governor, wefind that the Texas Prison System is following the practice of starting Clemency on the date the convict is released from Prison, in view of the fact that specified dates are not shown in the Clemency Proclametions,"This procedure has caused confusion as noone seems to knowwhether such. .

Hon. C.H. Cavness - Page 2 (V-696)

Clemency should become effective as of the date of the Proclamation or as of the date the prisoner is released from Prison. Xi11 you please advise whet procedure should be followed?” Section 10of Article 6203 of Vernon’s Civil Statutes is as follows:

YJponthe discharge of anyprisoner upon parole, either under the provisions of this Act, or through the exercise bythe Governor of executive clemency, independent of this Act, such person soparoled, shall be furnished by the proper officers of the State Prison Board with such clothing as is usually furnished to prisoners upon discharge from prison in this State together with arailroad non-transferable ticket from the place of his discharge to the place of his conviction and sentence, and in addition thereto the sumof $5.00,” The current appropriation for the Texas Prison System contains the following rider:

“Discharged convicts revolving fund, Twenty-five Thousand ($25,000.00) Dollars is continued andreappropriated until September 1, 1949, to be deposited equally in the First National Bank01 Huntsville and the Huntsville National Bank, andeach of said Banks shall deposit with the General Manager of the Prison System, bonds or security to beapproved by the Prison Board and the Attorney General of the State of Texas to secure said deposit, and this eppropriation is madeunder andbyvirtue of the law of the Acts of the First Called Session of the 43rd Legislature, page 228, Chapter 104, and it is the intent of the Legislature to carry this Act out in full as provided for in Chapter 104, Acts of the First Called Session of the 43rd Legislature, andall discharged, paroled, or pardoned convicts shall be paid out of this fund from moneys earned from any source of the Prison System anddeposited to thisC. H. Cavness - Page 3 

### (V-696)

fund under the provisions of said Chapter 104 of the Acts of the First Called Session of the 43rd Legislature,” ThePrison iievolving Fundthus appropriated is apart of the State monies, and the appropriation there madeis apart of the biennial appropriation andas such expires at the end of the biennium,

Answering your questions in the order in which they are above repeated, webeg to advise:

It is the opinion of this office that biennial appropriations are meant to cover items and claims for the current period for which the appropriations are made, andmaynot be used for purposes such as you mention of paying claims arising prior to such appropriations.

Undoubtedly, anappropriation could bemadeto pay anexisting liability antedating the Act if the language used clearly evIdencea SW&iltentlm, but nosuch intention appears in the rider quoted, Your first question, therefore, is answered in the negative.,

Anexecutive clemency is the Act of the Governor evidenced by his .proclamation. Thelegal effeot of the proclamation is.to tender to the ooavict the clemency therein drfined, andin the terms andupon the conditions therein stated, Anyclemency (especially one involving conditions) must beaccepted bythe convict before it becomes effective, Exparte Frazier, 239S, W, 972; Ex parts Davenport, 7S- WD (2d) 589, For computing the time of the clemency, therefore, the period begins when the proclamation io madeknownto thr Brirol Hanagor, the prisoner haa accepted thmsame andhas bmon

### l otuallj IOleased thereunder 0

The

### l pBrowiatio& of the ourrtit bismium to the Texap Prirr &Lqak@for paying $5.00 to 

### aconvict reoeiving aoallitioral par&n rry amtbeuse&to pay these conviots whcse coalitional pardons were issuea prior to the Apprrpriation Act. Aolemenoy to aconvict released from prison is computed, as to time, rru ths (Iay- -

Hon. C. H. Cavness - Page 4 

### (v-696)

such convict is released from the Prison. Yours very truly,

0S:wb ATTOIXN~Y GBNERAL

OFTiXAS

BY a& Ocie Speer Assistant

ATTO.RNEY

GENERAL