Hon. H, A. Beckwith, Chairman Board of WaterEngineers Austin, Texas Opinion NorV-1345. Re: Authority of the Board of WaterEngineers over the appropriation to the Interstate Compact Commission In the general appropriation bill for the birnnium ending Bear Sir: August 31, 1953.

Youhave requested an opinion of this office relating to the authority of the Board of Wetsr Rugineers to supervise the expenditure of the appropriation madeto the Intersfete CompactCommission 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 awarrant against the Interstate Compact Commission funds on avoucher signed byyou as Chairmanof. the Board of Water Engineers.

The specific question asked is as follows:

“Your opinion Is nowrespectfully requested as to whether this Board has succeeded to all of the )owar, duties andp’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 nowexist under general law in respect theretoo ” Theappropriation 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 Fundto the Interstate Compact Commission for each of the fiscal years of the biennium ending August 31 1953, the sumof TenThousand Dollars ($lO,OOO) for the payment of salaries andother 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 andfacilities ownedbv 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.) Thelast 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 madeto the Interstate Compact Commission, an independent commission created by general statute, andif the provisions in the last two sentences of the rider attempt to alter, amend or repeal the general statute, they are invalid. 1254 (19511D .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. Someof the duties have been completed, and others have been removedby subsequent legislation. ,Att’y Gen. Op. V1307 (1951)

. However, no general iegislation has transferred the remaining activities or the control over themfrom the Interstate CompactCommissioner to the Board of lJater Engineers. Therefore, the attempt to transfer the duties andcontrol by a rider in the general appropriation bill creates a conflict with the general statute, andthe attempt mustfail. Thelast 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 5of the general statute creating the Interstate CompactCommission appropriated funds for the first twoyears’ operation andexpressly provided that the Interstate CompactCommissioner was to sign the vouchers for which warrants would bs issued against the appropriation. Section 5has now expired and the appropriation for the present bienniumdoes not have a comparable provision. However, the present appropriation is madeto the Interstate Compact Commission, andeven without express authority, the head of the Commission is the proper one to sign the vouchers.

Toanswer your question speciflcally the duties of the Board of WaterEngineers 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 CompactCommissioner appointed hereunder such factual data andinformation as it mayhave available and shall cooperate with the Interstate CompactCommissioners in the performance of his duties.”

That portion of the rider in the general appropriation bill (H.B. 426, Acts 52ndLeg., R.S. 195l, ch, 499, p. 1228, at p* 1374) which transfers to the Board of Water Engineers control over the appropriation madeto the Interstate Compact Commission is an attempt to amendthe general statute placing the control in the Intsrstate Compact Commissioner and is invalid. Att'y Gen. op. V-1254 (1951). TheInterstate Compact Commissioner is the proper person to sign vouchers for which- ^

Hon. HeA. Beckwith, page 4 (V-1345)

warrants will be issued against tkfeappropriation to the Interstate CompactComission. APPROVED: Very truly yours C. K. Richards PRICEDANIEL Trial &Appellate Division Attorney General Jesse P. Luton, Jr. Reviewing Assistant Charles D. Xathews First Assistant EWT:wb By"$+%V'& E. Way Thode Assistant