EA ORNEY GENERAL 

OF-TEXAS 

January 8, 1962 

Honorable Herbert C. Petry, Jr. 

Chairman, State Highway Commission 

Austin 14, Texas 

Opinion No. NW-1237 

Dear Mr. Petry: 

Re: Constitutionality of proposed bill which amends 

Article 9.25 of Chapter 9, 

Title 122A, Taxation General, and subsection (4b) 

of Section 2, Article XX, 

House Bill 8, Chapter 184, 

Acts Regular Session, 47th 

Legislature (Article 7083a, 

Vernon's Civil Statutes) 

You have requested our opinion on the constitutionality of a proposed bill which amends Article 9.25, Chapter 9, 

Title 122A of the Revised Civil Statutes of Texas, 1925, as 

amended, and subsection (4b) of Section 2 of Article XX of 

House Bill 8, Chapter 184, Acts of the 47th Legislature, Regular Session. 

Section 1 of the proposed bill amends Article 9.25, 

Chapter 9, Title 122A by repealing the amendment to Article 

9.25 contained in Chapter 371, Acts of the 57th Legislature, 

Regular Session, 1961, adding thereto the following provision: 

u During any fiscal year, under the 

terms if'S;bsection 4b of Section 2 of Article 

XX of House Bill No. 8, Chapter 184, Acts of the 

Regular Session of the Forty-seventh Legislature, 

as amended, there shall be a valid, effective appropriation of $15,000,000.00 in the Farm to Market 

Road Fund to the State Highway Department for the 

purpose of constructing Farm to Market Roads, the 

Highway Department may use up to one-half (l/2) the 

above remainder for the maintenance of Farm to 

Market Roads. 
Honorable Herbert C. Petry, Jr., page 2 (WW-1237) 

9.25 

"All receipts due the Available School Fund 

which are in the Highway Motor Fuel Tax Fund on 

August 3lst of each fiscal year shall be credited 

to the Available School Fund on August 3lst of 

each fiscal year," 

This amendment is accomplished by re-enacting Article 

and adding the above quoted provision thereto. 

Section 2 amends subsection 413 of Section 2 of Article XX of House Bill 8, Chapter 184, Acts of the Regular Session of the 47th Legislature, as amended (codified in Vernon's 

as Article 7083a, Vernon's Civil Statutes) by adding thereto 

the underlined portion of the following quote: 

"The State Highway Department shall use 

the funds herein made available in conjunction 

with other funds available for such purposes so 

that a total of Twenty-Three Million Dollars 

-($23,OOO,OOO) per year shall be used for the 

construction of additional miles of newly designated Farm to Market Roads, meaning roads in 

x areas including feeder roads, secondary 

roads, school bus routes, rural mail routes, 

milk routes, etc., and not a part of the designated State Highway System or the designated 

Primary Federal Aid Highway System." 

Section 3 of the proposed bill provides as follows: 

"There is hereby appropriated to the State 

Highway Department from the Farm to Market Road 

Fund for the fiscal year beginning September 1, 

1962 the sum of Fifteen Million Dollars ($15,000,- 

000), together with any balances in the Farm to 

Market Road Fund on hand at the beginning of said 

year. Said amount shall be allocated to the State 

Highway Department for the purpose of building 

Farm to Market Roads as prescribed by Chapter 51, 

Acts, Fifty-first Legislature, Regular Session, 

1949, (Senate Bill No. 287) and amendments thereto; 

and it is further provided that any balances on 

hand in the Farm to Market Road Fund may be carried over from month to month and used for the 

purposes prescribed by said Act. 

"The appropriation from the Farm to Market 

Road Fund for the fiscal year beginning September 

1, 1961 contained in the General Appropriation Act 

(Senate Bill No. 1) passed by the 57th Legislature, 
Honorable Herbert C. Petry, jr., page 3 (NW-1237) 

let Called Session, 1961, and the appropriation 

made in the above paragraph shall be construed 

to be "current biennial appropriations" for the 

purpose of Subsection (5) of Section 2, Article 

XX of Chapter 184, Acts of the Forty-seventh 

Legislature, Regular Session, 1941, as amended, 

and none of the moneys In the Farm to Market 

Road Fund shall be transferred to the Generai 

Revenue Fund during the biennium beginning September 1, 1961.” 

Section 4 provides for severability and Section 5 

provides the emergency clause. 

The caption of the proposed bill provides: 

"AN ACT amending Article 9.25 of Chapter 

9, Title 122A, Taxation-General, Revised Civil 

Statutes of Texas, 1925, as amended, and Subsection (4b) of Section 2, Article XX, House 

Bill No. 8, Chapter 184, Acts of the Regular 

Session of the Forty-seventh Legislature, 

(Article 7083a), as amended, to provide for 

the maintenance of Farm to Market Roads and 

to require the expenditure of certain amounts 

for the construction of newly designated Farm 

to Market Roads; making certain appropriations; 

providing severability, and declaring an 

emergenc,y." 

A study of the body oP the bill rev%16 that It 

conforms to the caption and therefore the propo:sed bill is 

in compliance with Section 35 of Article III of the Constitution of Texas. The proposed bill does nothing more than 

make an allocation of tax moneys and make an appropriation 

to the State Highway Department for the purpos?:: stated in 

the bill and such appropriation is therefore supported by 

pre-existing law in compliance with Section 44 of Artic,le 

III of the Constitution of Texas. 

You are therefore advised that if the provisions 

of the proposed bill are enacted into law and the appropriation contained therein is certified by the Comptroller of 

Public Accorints in compliance with Section 49a of Article 

III of the Constitution of Texas, such Act will be constitutional and valid. 

SUMMARY 

The proposed bill which amends Article 9.25 

of Chapter 9, Title 122A, Rev:Lsed C:bvil Statutes 
Honorable Herbert C. Petry, Jr., page 4 (WW-1237) 

of Texas, 1925, as amended, and subdivision 

(4b) of Section 2, Article XX of House Bill 

No. 8, Chapter 184, Acts of the 47th Legislature, Regular Session, codified in Vernon's 

as Article 7083a, Vernon's Civil Statutes, 

if enacted Into law will be constitutional 

and valid. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:dhs 

APPROVED: 

OPINION COMMITTEE: 

Howard W. Mays, Chairman 

Elmer McVey 

Coleman Gay 

Thomas Burrus 

Pat Bailey 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.