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GENERAL FfTE dh

’PFOMNEY OF TICXAS

PRICE DANIEL ATTORNEY

GENERAL

Hon. Coke R. Stevenson, Jr. .Admini strator Texas Licuor Control Board Austin, Texas Opinion No. V-1267. Re: Percent of Confiscated Liquor Fundappropriated to the Texas Liquor Control Board, percent to be transferred to the General Revenue Fund, and authority to use balance to rent office space during the biennium Dear Sir: ending .August 31, 1953.

You have requested an opinion of this office in regard to provisions relating to the disposition of the Confiscated Liquor Fundduring the biennium ending August 31, 1953, as follows:

1. Whatpercent of the Confiscated Liquor F’undmaybe used during the coming biennium for the purpose of purchasing and accumulating evidence and for other expenditures authorized by Section 2 O(b) of ;heP;i;luor Control Act? (Art. 66 -30,

. . . 2. Whatpercent of the Confiscated Liquor Fundis to be transferred to the General Revenue F’undduring the coming biennium? 3. If in view of the answers to the above questIons there is a balance remaining in the Confiscated Liquor Fund, mayit be used to pay rental on newor additional quarters7 The general statute setting up the Confiscated Liquor Fundand providing for its disposition is as follows:Hon. Coke R. Stevenson, Jr., Page 2 (v-1267)

I!(b) Thirty-five per cent 

### (3596) of all moneys derived from the sale of alcoholic beverages which said ai containers, any device In

cohollc beverages are packaged, or property, as authorized in Paragraph (a) of this Section shall be placed In a separate fund in the State Treasury to be designated as the Confiscated Liquor Fund, and thereafter all moneys in said fund shall be available to the Board to defray the expenses, and is hereby appropriated for said purpose of purchasing and accumulating evidence as to violations of the provisions of this Act and 6 to defray the expenses ‘,;;;,r;;d in assem ling, storing, transporting ing for said confisca ed alcoh$ic beverages, 4 and account-

. containers, devices, and property and’for any other purpose deemednecessary by the Board in administering and enforcing the provisions of the Texas Liquor Control Act. Anyunexpended portion of said fund at the end of each biennium shall remain in said fund subject to further appropriation for’ such purposes. Slxtyfive per cent 

### (65%)of all moneys derived from the sale herein referred to shall be deposited in the General Fundof the State of Texas.” Par.(b) of Art. 

### 666-30,V.P.C. The appropriation for the Texas Liquor Control Board in the general appropriation bill for the biennium ending August 

### 31,1953,provides in part :

“It is further rovlded that not to exceed twenty per cent (20% P of the receipts from the sale of confiscated beverages and equipment as 8rovided in Section 30(b) of the Texas Liquor ontrol Act shall be available for defraying expenses as stipulated in said Act, and the same are hereby appropriated for each of the fiscal ~;;;s ending August 

### 31, 1952, andAugust 

### 31i

. The Comptroller is directed to trans er the remaining eighty per cent (80%) of the aforesaid recei III H.B. its to the General Revenue Pond.” (Art.



### 26 Acts 52ndLeg., 

### 1951,ch. 

### 499,p. 1228, at p. 1382).Hon. Coke R. Stevenson, Jr., Rage 

### 3 (v-1267)

The general statute authorizes 

### 35%of the COnavailable for such expenses.

The answer to your second question Is governed by Attorney General’s Opinion V-1254 (1951). The validity of riders in a general appropriation bill is discussed in detail in the above opinion, andwewill only point out that in your case the general statute requires 

### 65%

## of the Confiscated Liquor Fundto be transferred to the General Revenue Fund, while the general appropriation bill rider requires 80%to be transferred. Since a rider 

## CURnot alter, amend, or repeal a general statute, the rider is invalid to the extent that it attempts to require a transfer of morethan 

### 65%of the Confiscated Liquor Fund. Att’y Gen. Op. v-1254 (1951).

As a direct result of the answers to your first two questions it becomes obvious that the Confiscated Liquor Fundwili have a balance of 15%remaining In it. In regard to the use of that balance, you makethe following statement in your opinion request:

“Wehave been advised that on or after September 1, 1951, it will be necessary for us to move our District Office from the Tribune Building here in Austin to another locat ion. Weare not paying any rent for the space in the Tribune Building. But for the additional or new space, it will be necessary t0pay rent.

“It has also been necessary for us to acquire different and additional office space for our District Offices at Fort Worth, San Antonio, Houston, McAllen andWichita Falls, effective September 1, 

### 19!%*



## ‘1.

. . .Hon. Coke R. Stevenson, Jr., Page 4 (v-1267)

ItIt is our opinion that the rent for the additional space for the hereinabove mentioned moves maybe paid out of the appropriation in subparagraph ‘et of paragraph (16) of Section: 2 of Article III of House Bill No. 426, p. 1439, which provides as follows: ”le. In the event during the biennium beginning September 1, 1951, and ending Augu.st 31, 1953, any department having sufficient funds in a special fund separate and apart from the General Revenue Fund, can rent additional office space during sai enniumwith the approval of the Legisla &biive Budget Board and the Board of Control. There is appropriated out of said special fund a sufficient amountto pay the rent of the department moving to newquarters all of which shall be approved by the Legislative Budget Board. 1” The answer to your third question depends upon whether subparagraph (e) above is a sufficiently specific appropriation to meet the requirement of Section 6 of Article VIII of the Texas Constitution, which provides:

“No money shall be drawn from the Treasury but in pursuance of specific appropriations madeby law; nor shall any appropriation of moneybe madefor a longer period than two years.”The Sureme Court of Texas In National Biscuit Co. v. Statq, 13ETex. 293, 135 S.W.?4d687,693 (19401, said: -i

11

. . . Anappropriation can be madefor all funds coming from certain sources and deposited in a special fund for a designated purpose. In such instances, it is not necessary for the appropriating Act to namea certain sumor even a certain maximumsum.” In like manneran undesignated portion of a special fund be ap ropriated for a specific purpose. Att’y Gen. Op. Kg87 (19c9,. The authorities above cited makeobvious the conclusion that the appropriation madein subparagraph (e), m, Is constitutional and that the 15%in the Confiscated Liquor Fund, which is separate and apart from the General Revenue Fund maybe expended for the rental of addltional or nevj&f&e space.Hon. Coke R. Stevenson, Jr., Page 5 (V-1267)

The provision in the general appropriation bill (H.B. 426 Acts 52nd Leg., 195l, ch. 499, p. 1228, a{ ’ 1382) appropriating 20%of the Confiscate I*Liquor P’undto the Texas Liquor Control Board for the purposes enumerated in Article 666-30(b), V.P.C., is valid. The provision directing the transfer of 80,%of this fund to General Revenue is Invalid to the extent that It attempts to so require the transfer of morethan 65%of the fund, since a rider In a general appropriatlon hill cannot alter amend, or repeal a general statute. The 154 remaining in the Confiscated Liquor Fundmaybe expended for the rental of newor addit ional quarte,rs under the appropriation madein subpar. (e) p$.rdit,“), Sec. 2, A

., 1951, ch.T III, H.B. 426, ACES 14I;9. 99, pm1228, at p.

Yours very truly, APPROVED: PRICEDANIEL Attorney General C. K. Richards Trial &Appellate ‘Division Everett Rutchinson Executive Assistant Price Daniel Attorney General Assistant

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