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: RedRiver Authority.

Youhave 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 RedRiver 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 RedRiver Authority out of any moneys in the General Revenue Fundnot otherwise appropriated, which sumsshall be used for defraying any expenses necessary to the managementof the affairs of the district, the sumof $ 50,000 TheRedRiver Authority shall repay said amountto 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 mywarrant In the amountof $5O,OOO.flO In favor of the RedRiver Authority. Section 59 of Article XVIof the Constitution of Texas provides in part:Honorable Robert S. Calvert, page 2 (WW-1188)

‘There maybe created within the State of Texas, or the State maybe divided Into, such numberof conservation and reclamation districts as maybe determined to be essential to the accomplishment of the purposes of this amendmentto the constitution, which districts shall be governmental agencies andbodies politic andcorporate with such powers of government and with the authority to exercise such rights, privileges and functions concerning the subject matter of this amendment as maybe conferred by law.”
Statutes, Section 1 of Article 8280-228,Vernon’s civil

provides as follows:

‘Pursuant to andas 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.” TheRedRiver Authority being created as a governmental agency of the State of Texas pursuant to the expressed authority In Section 59 of Article XVIof 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 17of Article 8280-228provides:

“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 andgeneral 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 maysolicit, seek andaccept 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. Anyandall grants and gratuities shall be strictly accounted for and shall be subject to the samerules, 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 amountof $50,000.00 in favor of the RedRiver Authority as provided in Senate Bill 1, Acts of the 57th Legislature, First Called Session.
SUMMARY

Section 59 of Article XVIof the Constitution of Texas andArticle 8280- 228, Vernon's civil Statutes, constitute sufficient pre-existing law authorizing the Comptroller of Public Accounts to issue a warrant in the amountof $50,000.00 in favor of the RedRiver Authority as provided in the current General Appropriation Act. Very truly yours, WILLWILSON Attorney General of Texas

JR:dhs:lgh

APPROVED: OPINIONCOMMITTEE W.V. Geppert, Chairman Marvin Thomas Phillip A. Nelson, Jr. Jack N. Price Dudley D. McCalla REVIEWED

FORTHEATMRNEY

GENERAL BY: Houghton Brownlee, Jr.