August 

### 30, 1962

Admiral H. R. Nieman, Jr. Executive Director Opinion No. WW-1429

State Building Commission Re: Constructionof 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 'allocatedand allocation' as they appear in the legislative terminology, expressing intent, such that they do not convey in any sense the authoritativeand responsibleposition of the one denoted by the words 'appropriate or appropriation.'"

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

### 1961, (currentAppropriationBill), contains the following language in the appropriation to the State Building Commission:

"Forthe Years Ending August 

### 31, 1962 August 

### 31,

1963 "12.For Capitol renovation, including renovatingvacated office space, remodeling the chamber and gallery of the House of Representatives, and any other modernizationof the CapitolBuilding

. . . 

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

1,

. . .
"Toaccomplish the work set forth in Item 12 above, it is the intent of the Fifty-seventh Legislature that the appropriationmade in said item shallbe allocated to the Board of Control
as provided for in Sec. 8, Chapter 514, Acts 1955, Fifty-fourthLegislature, and it is furtherprovided that remodeling the House of Representatives
or providing office space for members of the House shallbe undertaken only after consultingwith the Speaker of the House." (Emphasisadded)
Section 

### 8 of Senate Bill 134,Acts of the 54th Legislature,Regular Session 1955, Chapter 

### 514,Page 1298 at Page 1300, codified inVernon's as Article 678m,Vernon's Civil Statutes,provides:

"Sec. 

### 8. The Commission shallhave the authority to call on any Department of State Governmentto assist it in carrying out the duties of the Commission. And particularly, it shallbe the duty of the Board of Control to do and perform such acts and functions in connectionwith this Act as the Commissionmay direct; and to that end any portion of the money appropriated to the Commissionmay 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." (Emphasisadded).

The term "allocate"is not defined either in Article 678m (pre-existinglaw authorizing the appropriation involved here) nor in the AppropriationBill itself. However, the term "allocate"has a definit~meaninn. To allocate means "todistribute or ass1 n." CentralE<reka Min. Co.v. United States, 

### 138F. Supp. 8 2 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 Phrasesperm.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 accordancewith the provisions of Section 

### 8 of Article 678m. This Sectiondirects that the money allocated by theAdmiral H. R.Nieman, Jr., page 3. (WW-1429 )

Commissionto the Board of Control shallbe expended by the Board of Controlunder the direction of the State Building Commission. You are, therefore, advised that the term "allocate"as used in the AppropriationBill means that Item 12 is to be expendedby the Board of Controlunder the direction of the State Building Commission. Thus, the power of the Board of Control to expend suchmoney is limitedby the phrase "underthe direction of the Commission." You are, therefore, advised that the expenditure of monies by the Board of Control shouldbear the approval of the State Building Commission.

SUMMARY

Monies appropriated to the State Building Commission contained in Item 12 of its appropriation are allocatedby the Legislature to the State Board of Control to be expendedby the State Board of Controlunder 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