Mr. Wm. 0. Harwcll, Secretary Opinion No. 2941 

Upper Guadalupe River Authority 

Kerrvillc, Texas Re: Exoiration of the appropriation made to Upper 

Dear Sir: Guadalupe River Authority. 

Your letter of Novcrmber 21, 1940, submitted the following questions to this department: 

1. Will the appropriation made to the Upper Guadalupe 

River Authority by House Bill 1081, 46th Legislature, expire 

at the end of two years from the effective date of the act, or 

not until the total sum has been expended? 

2. In the event the oppropriatlon expired after the 

passage of two years from its effective date, would the passage 

of an appropriation by the Legislature for the unexpended amount of the original appropriation be legal or would the appropriation measure of necessity have to name the exact amount 

of the appropriation? 

Section 1 and Section la of House Bill No. 1081, 46th 

Legislature, reads as follows: 

“Section 1. There is,hcreby appropriated for 

the use of the ‘Upper Guadalupe River Authority’ 

out of any funds in the State Treasury not hcrctofore otherwise appropkiatcd, the sum of Five 

Thousand ($5,000.00) Dollars, which may be withdrawn from time to time on vouch,crs signed by the 

Treasurer, or other duly authorized officer of 

the district, upon which th,c State Comptroller shall 

draw his warrant upon the Treasurer of the State of 

Texas; said funds arc to be used under the direction 

and only with theconsent of the Directors of the 

Upper Gua,dalupc River Authority, a district created 

by Senate Bill 303, Acts Regular Session, 46th Legislature, and that the funds shall be used for the 

uses and purposes set forth in said Act. 
Mr. Wm. 0. Harwell, page 2 Opinion No. 2941 

“Section la. The money herein appropriated is 

intended only as a loan to the Upper Guadalupe 

River Authority and is to be repaid to the Gc,ncral 

Revenue Fund of tb’:- State from t:;o first revenue rcccivcd by said dirC;;ct.” 

Article 8, Section 6, of th,e Constitution of the State 

of Texas provides: 

“No money shall he drawn from the Treasury but ;: 

pursuance of specific appropriations made by law; nor 

shall any appropriation of money be made for a longer 

term than two years, . .‘I 

House Bill No, 1081 makes an appropriation of Five 

Thousand ($5,000.) Dollars to the Authority to be used for the 

uses and purposes set forth in the Act creating the Authority, 

for which purposes such funds may be withdrawn from the Treasury 

from time to time on vouchers signed by the Treasurer or other 

duly authorized officer of the district. The fact that Section 

la of the Act provides that the Auth,ority shall reimburse the 

General Revenue Fund of the State from the first revenues received by the said district, for the monies withdrawn from the 

General Revenue Fund of the State, under the appropriation,does 

not, in our opinion, take this appropriation out of the constitutional provision limiting appropriations to a two year 

period. You are therefore adviscd’that the appropriation to 

the Authority will lapse at the end of two years from its effective date. 

In reply to your second question, you are advised that 

an act reappropriating the unexpended balance of this appropriation to the Authority, with,out specifically stating the exact amount of that unexpended balance, would, in our opinion,bc a 

sufficient compliance with the provision of the Constitution requiring appropriations to be “specific.” That is, “spccif i?” 

which is certain and definite; and, in law, that is certain 

which can be made certain. The reappropriation, of necessity 

would be limited by the Five Thousand Dollar limit of the original 

appropriation, and the exact amount in dollars and cents of the 

unexpended balance thereof would be readily ascertainable. 

Yours very truly, 

APPROVED DEC 11, 1940 ATTORNEY GENERAL OF TEXAS 

/s/Gerald Mann By: /s/ Richard W. Fairchild 

. ATTORNEY GENERAL OF TEXAS Assistant 

Approved by Opinion Committee 

By BWB, Chairman 

RWF;EP