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

Upper Guadalupe River Authority Kerrvillc, Texas Re: Exoiration of the appropriation madeto 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 byHouse Bill 1081, 46thLegislature, expire at the end of twoyears from the effective date of the act, or not until the total sumhas been expended?

2. In the event the oppropriatlon expired after the passage of twoyears from its effective date, would the passage of anappropriation by the Legislature for the unexpended amount of the original appropriation be legal or would the appropriation measure of necessity have to namethe exact amount of the appropriation?

Section 1and 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 sumof Five Thousand ($5,000.00) Dollars, which maybewithdrawn from time to time onvouch,crs signed by the Treasurer, or other duly authorized officer of the district, upon which th,c State Comptroller shall drawhis 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, adistrict 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. Themoney herein appropriated is intended only as aloan 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,eConstitution of the State of Texas provides:

“Nomoney shall he drawn from the Treasury but ;: pursuance of specific appropriations madeby law; nor shall any appropriation of moneybe madefor a longer term than twoyears,

. .‘I
House Bill No, 1081 makes anappropriation 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 maybewithdrawn from the Treasury from time to time onvouchers signed by the Treasurer or other duly authorized officer of the district. Thefact that Section la of the Act provides that the Auth,ority shall reimburse the General Revenue Fundof the State from the first revenues received by the said district, for the monies withdrawn from the General Revenue Fundof the State, under the appropriation,does not, in our opinion, take this appropriation out of the constitutional provision limiting appropriations to a twoyear period. You are therefore adviscd’that the appropriation to the Authority will lapse at the end of twoyears 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 madecertain. 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

DEC11, 1940 ATTORNEY GENERAL

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

. ATTORNEY

GENERAL

OFTEXAS Assistant Approved byOpinion Committee ByBWB,Chairman RWF;EP