E Y GENERAL 

November 7, 1961 

Honorable Robert S. Calvert 

Comptroller of Public Accounts 

Austin, Texas Opinion No. WW-1188 

Re: Pre-existing law for 

appropriation to the 

Dear Mr. Calvert: Red River Authority. 

You have requested our opinion on whether there 

is pre-existing law for the appropriation contained in 

Senate Bill 1, Acts of the 57th Legislature, First Called 

Session, to the Red River Authority on pages 138-139 of 

the Supplement to the Senate Journal and reading as 

follows: 

'IFor the Years Ending 

August 31, 

1962 

August 31, 

1963 

There is hereby appropriated 

and there shall be paid to the 

Red River Authority out of any 

moneys in the General Revenue 

Fund not otherwise appropriated, 

which sums shall be used for 

defraying any expenses necessary 

to the management of the affairs 

of the district, the sum of $ 50,000 

The Red River Authority shall 

repay said amount to the State 

out of the proceeds of the firs: 

bonds issued by said Authority. 

Your specific question reads as follows: 

U.B. 

"Please advise if there is sufficient pre-existing law for'me.to issue 

my warrant In the amount of $5O,OOO.flO 

In favor of the Red River Authority. 

Section 59 of Article XVI of the Constitution of 

Texas provides in part: 
Honorable Robert S. Calvert, page 2 (WW-1188) 

‘There may be created within the State 

of Texas, or the State may be divided Into, 

such number of conservation and reclamation 

districts as may be determined to be essential 

to the accomplishment of the purposes of this 

amendment to the constitution, which districts 

shall be governmental agencies and bodies 

politic and corporate with such powers of government and with the authority to exercise 

such rights, privileges and functions concerning the subject matter of this amendment 

as may be conferred by law.” 

Statutes, 

Section 1 of Article 8280-228, Vernon’s civil 

provides as follows: 

‘Pursuant to and as expressly authorlzed by Article XVI, Section 59 of the 

Constitution of the State ,of Texas, there is 

hereby created withinthe State of Texas, 

In addition to the,conserva,tion and reclamation districts into which,the state has heretofore been divided, a conservation and 

reclamation district to be known as ‘Red 

River Authority of Texas’ (hereinafter 

referred to as the ‘Authority’), which shall 

be a governmental agency of the State of 

Texas, a body politic and corporate.” 

The Red River Authority being created as a governmental agency of the State of Texas pursuant to the expressed 

authority In Section 59 of Article XVI of the Constitution of 

the State of Texas, you are advised that Section 1 of Article 

8280-228, quoted above, constitutes the pre-existing law for 

the appropriation referred to In your request, 

Section 17 of Article 8280-228 provides: 

“For the purpose of providing funds 

requisite to secure the necessary studies, 

engineering and other servlce,s which may 

be necessary, the collection and computation of data re,specting .regional and general 

conditions Influencing the character and 

extent of the Improvements necessary to 

ei’fect the purposes of the creation of this 

Authority to the greatest public advantage, 

It is hereby provided that the Authority 

may solicit, seek and accept contributions 

to Its funds from any other district, authority or municipality, the Federal Government 
.- 

Honorable Robert S. Calvert, page 3 (WW-1188) 

or the State of Texas, or from any other 

source. Any and all grants and gratuities 

shall be strictly accounted for and shall 

be subject to the same rules, regulations 

and orders as are other funfts handled or 

disbursed by the Authority. 

In view of the provisions of Section 17, Article 

8280-228, you are advised that said Article constitutes 

sufficient pre-existing law for you to issue a warrant in the 

amount of $50,000.00 in favor of the Red River Authority as 

provided in Senate Bill 1, Acts of the 57th Legislature, First 

Called Session. 

SUMMARY 

Section 59 of Article XVI of the Constitution of Texas and Article 8280- 

228, Vernon's civil Statutes, constitute 

sufficient pre-existing law authorizing 

the Comptroller of Public Accounts to 

issue a warrant in the amount of $50,000.00 

in favor of the Red River Authority as provided in the current General Appropriation 

Act. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

JR:dhs:lgh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Marvin Thomas 

Phillip A. Nelson, Jr. 

Jack N. Price 

Dudley D. McCalla 

REVIEWED FOR THE ATMRNEY GENERAL 

BY: Houghton Brownlee, Jr.