HonorableD. C. Grew State HighwayEngineer Texas HighwayDepartment Austin, Texas
Dear Mr. Greerr OpinionNo. O-5329 Res DeparhnentalAppropriationBill of 1943. From what fund shall legisla- tive appropriationfor the Texas DefenseGuard Workmen's Compensation be paid? Appropriationfor adminis- trationof Certificateof Title Act.
Your letter of July 19, 1943, suhnitethe followingquestionsfor the opinionof this departmentn
1. Out of what fund is the appropriationfor administering Workmen'sCorn- pensationAct for the Texas DeEense Guard to be paid, underthe provisions of SenateBill No. 332, Acts RegularSession,48th Legislature? P 2. How much money has been appropriatedby such Bill for the administra- tion~of the Certificateof Title Division?
First Questionr The rider involvedreads as follows:
"There is hereby appropriatedfor each year of the Bienniumbeginning September1, 1943, and endingAugust 31, 1945, the sum of Fifty Thousand ($50,000)Dollarsfor the uses and purposesof; and carryingcut the prc- -&sions of.SenataBill Ms. 135, Acts of the RegularSessionof the 48th Legislatureno salariesshall be paid from this appropriation.This ap- prooriation,however,is contingentupon such Bill becominga.law, and should such Bill not Broome61law this appropriationshall be of no force or effect,and no part thereofshall be expended."
Senate Bill No. 135 has alreadybecome a law. The difficulty in de- terminingfrom what fund the moneys appropriatedshallccmewises from that part of the Highwayappropriationsectionof the Departmental14ppropriation bet which reads as follows:
"All revenues, fees, and grantsin aid receivedfor creditto the State HighwayFund duringthe bienniumbeginningSeptember1, 1943, together with the balanceof such funds on hand at the beginningof each year of HonorableD.C. Greer, page 2 (O-5329)
the biennium,are herebyappropriatedfor the paymentof the specific appropriation hereinmade for the &ate HighnayDepartmentand the Depar-c- ment of Public Safety,and for the establishmentof a eysGf State Highmaysand the planning,construction,end ma~intenance thereofas oon- templatedand set forth in Chapter1, Title 116, and Chapter186, General Lawa of the RegularSessionof the Thirty-ninthLegislature,and amendments thereto."
Wa believethat the appropriation for carryingout the provisions of Senate Rill No. 135 till come from the GeneralFund and not from the State HighwayFund for the followingreasonsr
The Aot does not say that all appropriations to the State Sighway Departmentshall come cut of the State Highwayfind. but thatsuchfund is ap- propriated"for the paymentof specificappropriations heroinmade." we - believethat the tear aspeoif'io appropriations" refers only to the 164 item- ized appropriations for different-empioyees and for operatingexpensesset out in detail in the first part of the HighwayDepar+zaent sectionof the Act. If it were applicableto all appropriations, includingthe riders,therewould have been no ocoasionfor the Legislatureto have insertedtheword "specific." Such word would have been super'fluous.
Tfeare stsengthenedin this interpretation by the fact that there are appendedto the 164 itemizedexpendituressix riders callingfor appropria- tions for variouspurposesand every one of these exaeptthe rider in questicn specifiesfrom d-mt fund the appropriationshall mme. Four of these set cut that the appropriations are from the State Righvspy Fond;the fifth specifies that it is from the GeneralRevenueFund. If it had been intendedthat all appropriations to the State RighwpyDepartmentwareto ccma cut of the Strte HighwayFund, the use of thesna "specificappropriations" and the specifioa- tion in four separateridersthat the appropriations were out of the State EighwayFund would have been mere surplusage. Under the rule that