OFFICE OF THE ATTORNEY GENERAL 

AUSTIN 

Austin, Teraa 

Dear Sir; 

th further raf&enoe 

Of our '0plxlioR 

,yoamahthe 

the faetr 

or the creation or a 

Tarletea College. BeArtlOle 4551 of the Rsrlred StaOPtse of Texas and Artlale 

s, section 49 ur the uQm3titotlon of. Texer. 

You further state that at the tina the defloltumy wnrrant was authc&eed tQ be issu8U by the Oarernor, 

there was no pro-er1cltl.q valid law authorizing the 

emotion of this building. 
Hon. r_. I!. Thornton, Jr., IGay 2, 1939, Page 2. 

You ask. the opinion of this Department upon 

the question as to whether or not the Leglslsture, under 

the foregoing state of facts, now has the authority to 

appropriate the sum of $75,000.00 for the purpose of 

paying the deiiclency warrant aloreznentloned. 

Article 3, Section 44 0r the constitution or the 

State of Teras , provides In part as followar 

"The Legislature . . . ehall not grant 

. . . . by appropriation or otherrvise, any amount 

of money out of the Treasury of the State, to 

any indlvldual, on a olaim, real or prrtsnded, 

rhea the same shall not have bean provided <or 

by pm-existing law; . ..w 

Publla oltioea ad oftioen are oreatursa or the 

&w, and their porera and dutler are neoersarlly desinea 

aad llmlted by law. X ooatraot antwea into by a pub110 

offioor fm the State, without express ar implied. l u+.horlty 

00oiumd upon that Offfaer by law tu meka the partloular 

oontraot, glvee rise to ao such leti abllgatloa as would 

be anforoed by the oourtn against~the Stat., in the 

event the Legleletura should pennlt the atate to bo ad. 

A olalm fmed upon a oontmot thus made rithout the 

authority from the State to the oirioar to make it, ia 

not a olalm provldea for by pre-exl~Mng law, and thereSoru fall8 within thb oondemmtfon of the Arti of the 

Ooaetltution or the State of Ten8 above rerdrrad to. 

Port worth Cavalry Club ~8, Sheppard (~Suprem~Cuurt), SS 

8. 1. (al) 660, 

Artlole 1183 of the Penal Code of the State ei Tuna 

prmlde8 that any member or a governing board of aux eduoatloaal lnatftution who shall ooatrqot or provlds ror the 

emotion or a building or other improvement not authorlmd 

by spaoiflo leglslatlve maaotmeat, or by tittea dlreotioa 

OS the Govsruor aotlng under and ooneieteat with the authority 

of srieting lawa, shall be imprisoned fn Jail not leas than 

ten days nor more thaa six montha. 

Art!$ls 2dlSa-1, BB amended, Acts 1933, Forty-third 

Legislature, 1st Called Seaaion, page 195, Chapter 79, SeOtlpn 1, provides: 

"The Board of Dlreotors of the A&- 

oultural and Meohaniaal College Of Texas ie 
Iron. E. Y!. Thornton, Jr., May 2, 1939, Page 3. 

hereby authorized to aontract with persons, 

firms, or corporations for the purohase or, 

or the acquisition of, or the erectfon of permanent Improvements on or conveniently looated 

in reference to the campus of said oollege, or 

to the oampuses of any or all of Its branoh 

institutions, and to purohaae, sell, or lease 

land8 and other appurtenances for the construotion of auoh permanent lmprovemente, provided 

that the State of Texas incurs no indebtedneea 

under the contract." 

Artiole 4351 gives the Governor of the State 

Texas authority to approve the lssuanoe of 4efioIenoy 

rarraata only at the lnstanoe of persons entrusted by 

the Stats with the power or duty of oontraotlag for supplies, or In any manner pledging qe credit uf the State 

for any dafioienoy that may aria& under their -guWnt 

ur oontrol. It roimfs that if the pamon applying to 

the Governor for a dsfioienoy wurrant approval he8 not 

been eutruated by .the Stats with the power of pled&g 

the oredit of the state for the partioular defloleaoy 

whIoh is the barris for the is#WUMe of the warrant, the 

Govamoti leoka the pawsr ruder ArLrtiols 4551 to approve 

the lammnor OS the defloienoy warrant. 

The offioials of the eauoatlonal lnatltutloa 

referrod to being wIthout authority frcm the State to 

pidge th8 oredit or the 8t.m r0r th0 43~0tbi 0i thti 

buIldlug referred to, the aot OS t&a Governor in approvw the ieammie of the dafiolenoy warrant is uholly inrfraotIv0 to give any r~lidity to ruoh unauthorimea ooatraot, 

regardlean at the faot that the (SOO,OOO debt limit impsod 

by statute ana by tbo Ooaetitution was not Sxoeeded by 

the miuur00 0r the ddwi~n0p mmnt rmmtd to. 

we, therefore, answer that the Legirlature Ia 

without authority to appropriate monay in payment of the 

defloienoy warrant issued by tha Governor, under the 

oiroumstenoem en4 fortha reason8 glvsn above. 

Youre rely +uly 

ATTORNXY 0EWRFlA.L OFTEXAS 

RKF:PBP 

R. W. Felrehild '. 

Asaieteht 

APPROVEDI 

.