Hon. H, A. Beckwith, Chairman 

Board of Water Engineers 

Austin, Texas 

Opinion Nor V-1345. 

Re: Authority of the Board 

of Water Engineers over 

the appropriation to 

the Interstate Compact 

Commission In the general appropriation bill 

for the birnnium ending 

Bear Sir: August 31, 1953. 

You have requested an opinion of this office relating to the authority of the Board of Wetsr 

Rugineers to supervise the expenditure of the appropriation made to the Intersfete Compact Commission 

in the general appropriation bill for the biennium 

ending August 31, 1953. 

Your problem has been raised by the refusal 

of the Comptroller to issue a warrant against the Interstate Compact Commission funds on a voucher signed 

by you as Chairman of. the Board of Water Engineers. 

The specific question asked is as follows: 

“Your opinion Is now respectfully 

requested as to whether this Board has 

succeeded to all of the )owar, duties 

and p’roperties of the Interstate Compact 

Commission created under the 1949 Act, 

or whether the Board of Water Engineers 

is relieved of any future duties except 

those advisory duties which now exist 

under general law in respect theretoo” 

The appropriation in’question is as ‘follows: 
Bon. H. A. Beckwith, page 2 (V-1345) 

“INTERSTATE COMPACT COMMISSION 

Subject to the provisions appearing at the 

end of this Article, there is hereby appropriated out of the General Revenue Fund to 

the Interstate Compact Commission for each 

of the fiscal years of the biennium ending 

August 31 1953, the sum of Ten Thousand 

Dollars ($lO,OOO) for the payment of salaries and other necessary expenses for said 

Commission. Said acorouriation shall be apended under the directlon and sucervision 

gf thn State Board of Water m . 

p one ti s and facilities owned bv the utzrstzteeComoact Cow shall be maQa 

available to the State Board of illate EnQ 

pe rs for the nurnoses of this Sect&.” - 

& 4 6 

499; p: 

R.S. 1951, ch. 

(Emphasis added.) 

The last two sentences of the above rider 

indicate that the Board of Water Engineers has succeeded to most, if not all, of the duties of the Interstate Compact Commissioner.8 However, the appropriation is made to the Interstate Compact Commission, 

an independent commission created by general statute, 

and if the provisions in the last two sentences of 

the rider attempt to alter, amend or repeal the general statute, they are invalid. 

1254 (19511 D 

.ittly Gen. op. vThe general statute (X.B. 594, Acts 5lst 

Le R.S. 1949 ch. 330 p0 716 codified as Art. 

74%;; V.C.S.) grovides for certain duties to be performed by the Commissioner OP, with the Governor’s approval, by assistants employed by him. Some of the 

duties have been completed, and others have been removed by subsequent legislation. ,Att’y Gen. Op. V1307 (1951) . However, no general iegislation has 

transferred the remaining activities or the control 

over them from the Interstate Compact Commissioner to 

the Board of lJater Engineers. Therefore, the attempt 

to transfer the duties and control by a rider in the 

general appropriation bill creates a conflict with the 

general statute, and the attempt must fail. The last 

two sentences of the rider are of no force or effect. 

Att’y Gen. opa V-1254 (1951). 
Hon. H. A. Beckwith, page 3 (v-1345) 

Section 5 of the general statute creating 

the Interstate Compact Commission appropriated funds 

for the first two years’ operation and expressly 

provided that the Interstate Compact Commissioner 

was to sign the vouchers for which warrants would bs 

issued against the appropriation. Section 5 has now 

expired and the appropriation for the present biennium does not have a comparable provision. However, 

the present appropriation is made to the Interstate 

Compact Commission, and even without express authority, the head of the Commission is the proper one to 

sign the vouchers. 

To answer your question speciflcally the 

duties of the Board of Water Engineers in relakon 

to the Interstate Compact Commission are those which 

are set out by Section 4 of Article 7466g: 

“The State Board of Water Engineers 

shall furnish the Interstate Compact Commissioner appointed hereunder such factual 

data and information as it may have available and shall cooperate with the Interstate Compact Commissioners in the performance of his duties.” 

That portion of the rider in the general appropriation bill (H.B. 426, Acts 

52nd Leg., R.S. 195l, ch, 499, p. 1228, at 

p* 1374) which transfers to the Board of 

Water Engineers control over the appropriation made to the Interstate Compact Commission is an attempt to amend the general 

statute placing the control in the Intsrstate Compact Commissioner and is invalid. 

Att'y Gen. op. V-1254 (1951). 

The Interstate Compact Commissioner is 

the proper person to sign vouchers for which 
- ^ 

Hon. He A. Beckwith, page 4 (V-1345) 

warrants will be issued against tkfe appropriation to the Interstate Compact Comission. 

APPROVED: Very truly yours 

C. K. Richards PRICE DANIEL 

Trial & Appellate Division Attorney General 

Jesse P. Luton, Jr. 

Reviewing Assistant 

Charles D. Xathews 

First Assistant 

EWT:wb 

By"$+%V'& 

E. Way Thode 

Assistant