August 30, 1962 

Admiral H. R. Nieman, Jr. 

Executive Director 

Opinion No. WW-1429 

State Building Commission Re: Construction of the term 

Austin, Texas "allocated" as used in 

reference to Item 12 of 

the current appropriation 

to the State Building 

Dear Admiral Nieman: Commission. 

In view of certain language contained in Senate Bill 

1, Acts of the 57th Legislature, 1st Called Session, 1961, 

concerning Item 12 of the appropriation to the State Building 

Commission, you have requested our opinion on the following 

question: 

"It is requested that you render an 

opinion defining the terms 'allocated and 

allocation' as they appear in the legislative terminology, expressing intent, 

such that they do not convey in any sense 

the authoritative and responsible position 

of the one denoted by the words 'appropriate or appropriation.'" 

Senate Bill 1, Acts of the 57th Legislature, 1st 

Called Session 1961, (current Appropriation Bill), contains 

the following language in the appropriation to the State 

Building Commission: 

"For the Years Ending 

August 31, 

1962 

August 31, 

1963 

"12. For Capitol renovation, including 

renovating vacated 

office space, remodeling the chamber 

and gallery of the 

House of Representatives, and any other 

modernization of the 

Capitol Building . . . 250,000 U.B. 
Admiral H. R. Nieman, Jr., page 2. (Ww-1429) 

1, 

. . . 

"To accomplish the work set forth in Item 

12 above, it is the intent of the Fifty-seventh 

Legislature that the appropriation made in said 

item shall be allocated to the Board of Control 

as provided for in Sec. 8, Chapter 514, Acts 1955, 

Fifty-fourth Legislature, and it is further provided that remodeling the House of Representatives 

or providing office space for members of the House 

shall be undertaken only after consulting with the 

Speaker of the House." (Emphasis added) 

Section 8 of Senate Bill 134, Acts of the 54th Legislature, Regular Session 1955, Chapter 514, Page 1298 at Page 

1300, codified in Vernon's as Article 678m, Vernon's Civil 

Statutes, provides: 

"Sec. 8. The Commission shall have the 

authority to call on any Department of State 

Government to assist it in carrying out the 

duties of the Commission. And particularly, 

it shall be the duty of the Board of Control 

to do and perform such acts and functions in 

connection with this Act as the Commission may 

direct; and to that end any portion of the money 

appropriated to the Commission may be allocated 

by the Commission to the Board of Control and 

expended by it under the direction of the Commission in carrying out the provisions of this 

Act." (Emphasis added). 

The term "allocate" is not defined either in Article 

678m (pre-existing law authorizing the appropriation involved 

here) nor in the Appropriation Bill itself. However, the 

term "allocate" has a definit~meaninn. To allocate means 

"to distribute or ass1 n." Central E<reka Min. Co. v. United 

States, 138 F. Supp. 2 8 1, 295 (Ct.Claims 1956) 

-House v. Bowles, 142 F.2d 530, 534 (C.C.A., ;- N.Y. 19 ); 

Jacobson v. Bowles, 53 F.Supp. 532,534 (D.C., Tex. 1944). For 

other definitions, see the terms "allocate" and "allocation" 

in 3 Words and Phrases perm.ed.336. 

It is noted that pursuant to Article 678m, the Legislature has appropriated Item 12 to the State Building Commission for allocation to the State Board of Control to be expended in accordance with the provisions of Section 8 of Article 

678m. This Section directs that the money allocated by the 
Admiral H. R. Nieman, Jr., page 3. (WW-1429 ) 

Commission to the Board of Control shall be expended by 

the Board of Control under the direction of the State Building Commission. You are, therefore, advised that the term 

"allocate" as used in the Appropriation Bill means that Item 

12 is to be expended by the Board of Control under the direction of the State Building Commission. Thus, the power of 

the Board of Control to expend such money is limited by the 

phrase "under the direction of the Commission." You are, 

therefore, advised that the expenditure of monies by the 

Board of Control should bear the approval of the State 

Building Commission. 

SUMMARY 

Monies appropriated to the State Building Commission contained in Item 12 of 

its appropriation are allocated by the 

Legislature to the State Board of Control to be expended by the State Board 

of Control under the direction of the 

State Building Commission in carrying 

out the provisions of Article 678m, 

Vernon's Civil Statutes, as directed 

by Section 8 thereof. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:ms:zt 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Scranton Jones 

Dudley McCalla 

Sam Stone 

Tom Hunter 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore