### EA ORNEY GENERAL

OF-TEXAS

January 8, 1962

Honorable Herbert C. Petry,Jr. Chairman, State Highway Commission Austin 14, Texas OpinionNo. NW-1237

Dear Mr. Petry: Re: Constitutionalityof 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 (Article7083a, Vernon's Civil Statutes)

You have requested our opinion on the constitutionality of a proposedbill 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 proposedbill 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 followingprovision:

u During any fiscal year,under the terms if'S;bsection4b 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 shallbe a valid, effectiveappropriation of $15,000,000.00in the Farm to Market Road Fund to the State HighwayDepartment for the purpose of constructingFarm to Market Roads, the Highway Departmentmay use up to one-half (l/2)the above remainder for themaintenance of Farm to Market Roads.Honorable Herbert C. Petry,Jr., page 2 (WW-1237)



### 9.25 "All receiptsdue the Available SchoolFund which are in the HighwayMotor Fuel Tax Fund on August 3lst of each fiscal year shallbe credited to the Available School Fund on August 3lst of each fiscal year,"
This amendment is accomplishedby re-enactingArticle and adding the above quotedprovision thereto.
Section 2 amends subsection413of Section 2 of Article XX of House Bill 

### 8, Chapter 

### 184,Acts of the Regular Session of the 47th Legislature,as amended (codifiedin Vernon's as Article 7083a,Vernon's Civil Statutes)by adding thereto the underlined portion of the following quote:

"The State Highway Department shalluse the funds herein made available in conjunction with other funds available for suchpurposes so that a total of Twenty-ThreeMillion Dollars -($23,OOO,OOO)

per year shallbe used for the constructionof additionalmiles of newly designated Farm to Market Roads,meaning roads in
x areas including feeder roads, secondary roads, schoolbus routes, ruralmail routes, milk routes, etc., and not a part of the designated StateHighway System or the designated Primary Federal Aid Highway System."
Section 

### 3 of the proposedbill 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), togetherwith any balances in the Farm to Market Road Fund on hand at the beginning of said year. Said amount shallbe allocated to the State Highway Department for the purpose of building Farm to Market Roads as prescribedby Chapter 51, Acts, Fifty-first Legislature,Regular Session, 1949, (SenateBill 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 frommonth to month and used for the purposes prescribedby said Act.

"The appropriation from the Farm to Market Road Fund for the fiscal year beginning September 1, 1961 contained in the General AppropriationAct (SenateBill No. 1) passed by the 57th Legislature,HonorableHerbert C. Petry, jr., page 3 (NW-1237)

let Called Session, 1961, and the appropriation made in the above paragraph shallbe construed to be "currentbiennial 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 themoneys In the Farm to Market Road Fund shallbe transferred to the Generai Revenue Fund during the biennium beginning September 1, 1961.”
Section 4 provides for severabilityand 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-seventhLegislature, (Article7083a), 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 declaringan 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 compliancewith Section 35 of Article III of the Constitution of Texas. The proposedbill does nothingmore 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 supportedby pre-existing law in compliancewith Section 44 of Artic,le III of the Constitutionof Texas.

You are thereforeadvised that if the provisions of the proposed bill are enacted into law and the appropriation contained therein is certifiedby the Comptroller of Public Accorints

in compliancewith Section 49a of Article III of the Constitutionof Texas, such Actwill be constitutional and valid.

SUMMARY

The proposedbill which amends Article 9.25 of Chapter 9, Title 122A, Rev:Lsed C:bvil StatutesHonorable 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 lawwill be constitutional and valid.

Yours very truly,

WILLWILSON Attorney General of Texas

JR:dhs

APPROVED:

OPINION COMMITTEE:

HowardW. Mays, Chairman Elmer McVey Coleman Gay Thomas Burrus Pat Bailey

REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.