r 

FfTE dh’PFOMNEY GENERAL 

OF TICXAS 

PRICE DANIEL 

ATTORNEY GENERAL 

Hon. Coke R. Stevenson, Jr. 

.Admini st rat or 

Texas Licuor Control Board 

Austin, Texas 

Opinion No. V-1267. 

Re: Percent of Confiscated Liquor 

Fund appropriated 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 Fund during the biennium ending 

August 31, 1953, as follows: 

1. What percent of the Confiscated 

Liquor F’und may be 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. What percent of the Confiscated 

Liquor Fund is to be transferred to the 

General Revenue F’und during the coming biennium? 

3. If in view of the answers to the 

above questIons there is a balance remaining in the Confiscated Liquor Fund, may it 

be used to pay rental on new or additional 

quarters7 

The general statute setting up the Confiscated 

Liquor Fund and 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 a i 

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 

to defray the expenses ‘,;;;,r;;d in assem 6 ling, 

storing, transporting 

ing for said confisca 4 ed alcoh$ic beverages, 

and account- 

. containers, devices, and property and’ for 

any other purpose deemed necessary by the Board 

in administering and enforcing the provisions 

of the Texas Liquor Control Act. Any unexpended 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 Fund of 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 

8 

rovided 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, and August 31i 

. The Comptroller is directed to trans er 

the remaining eighty per cent (80%) of the aforesaid recei 

III H.B. i 

t s to the General Revenue Pond.” (Art. 

26 Acts 52nd Leg., 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, and we will only point 

out that in your case the general statute requires 65% of 

the Confiscated Liquor Fund to 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 more than 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 Fund wili have a balance of 15% remaining In it. In 

regard to the use of that balance, you make the following 

statement in your opinion request: 

“We have 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. We are not paying any rent for 

the space in the Tribune Building. But for 

the additional or new space, it will be 

necessary t 0 pay 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 and Wichita 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 may be 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 

ennium with the approval of the Legisla & 

biive 

Budget Board and the Board of Control. 

There is appropriated out of said special 

fund a sufficient amount to pay the rent of 

the department moving to new quarters 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 made by law; nor shall any 

appropriation of money be made for a longer period than 

two years.” 

The Su reme Court of Texas In National Biscuit 

Co. v. Statq, 13E Tex. 293, 135 S.W.?4d 687,693 (19401, 

said: -i 

11 

. . . An appropriation can be made for 

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 name a certain sum or even a certain maximum sum.” 

In like manner an undesignated portion of a special fund 

be ap ropriated for a specific purpose. Att’y Gen. Op. 

Kg87 (19c9,. The authorities above cited make obvious the 

conclusion that the appropriation made in subparagraph (e), 

m, Is constitutional and that the 15% in the Confiscated Liquor Fund, which is separate and apart from the General Revenue Fund may be 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’und to 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 more than 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 Fund may be expended for 

the rental of new or addit ional quarte,rs under the appropriation made in subpar. (e) 

p$.rd it,“), Sec. 2, A 

., 1951, ch. T 

III, H.B. 426, ACES 

14I;9. 

99, pm 1228, at p. 

Yours very truly, 

APPROVED: PRICE DANIEL 

Attorney General 

C. K. Richards 

Trial & Appellate ‘Division 

Everett Rut chinson 

Exe cut ive As si st ant 

Price Daniel 

Attorney General 

Assistant 

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