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T~EATTORNEY GENERAL SDIE'%%XAS
June 5, 1939
HonorableGso. H. Sheppard Comptrollerof Public Accounts Austin,Texas
Dear Sir: opinionNo. o-753 Re: (a) Ho appropriationhas bean made to pay judgmentin the case of CaladoniaSteel Co. v. State of Texas et al; (b) the Legislature cannotappropriatemoney by concurrentresolution.
Your letterof May 31, 1939, addressedto this office,reads as follows:
"On pages 1432 and 1433 may be found the appropriation made by the Legislaturefor uses of theHighway Funds for the presentbiennium.
"Article4357, B. c. s., 1925, providesthat no claim shall be paid from appropriationsunlesspresentedto the Comptrollerfor paymentwithin two years from the close of the fiscal year for which such appropriations were made, but any claim not presentedfor payment: within such periodmay be presentedto tha Legislature as other claimsfor which no appropriations are available.
"I am attachinghereto a claim presentedto this department by the State HighvayDepartmentfor the paymentof a judgment in causeNo. 53909, requestingyour opinionas to whether there are funds appropriatedfor tha paymentof this claim in the presentappropriation bill.
"In the event youhold there are no fundsavailablefor the paymentof this claim, it might be that the claimantshould desire to presentthe claim to this sessionof the Legislature. We shall, therefore,appreciateyour immediateattentiontc this matter.
"Pleasereturn the attachedclaim to this departmentwith your opinion." HonorableCeo. H. Sheppard,June 5, 1939,page 2 (C-753)
Accompanyingthis letter is the claim referredto therein,and to which is attacheda certifiedcopy of a judgnmntobtainedagainstthe State of Texas and the HighwayCommissionof the State of Texas by the plaintiff,CaledoniaSteel Company, Said judgmentwas renderedin the 126thDistrictCourt of TravisCounty,November28, 1938, and is for the sum of Two ThousandSix HundredSeventy-five & No/100 ($2,675.~) Dollars,with.interestfrom said date at the rate of six per cent (6) per annum, and all costs of suit. The Highway Commissionhas approved the claim for payment.
You desire to know *whetherthere are funds appropriatedfor the paymentof this claim in the presentappropriationbill," pages 14.27 tc 1435, inc.,Acts of the RegularSession,45th Legislature,and being an appropriation for the supportand maintenanceof the State Highway Departmentfor the two-yearperiodbeginning September1, 1937, and endingAugust 31, 1939.
We have carefullyexaminedthis appropriationand have been unable to find any specificappropriation for the paymentof this claim,or any languagein the rider attachedtheretothat can be construedas being broad enoughto bring said cl.aimwithinita purview.
The judgment,basis of this claim,shows upon its face that it is for the purchaseprice of steel sold by the claimantto the StateHighway DepartmentduringJune and August, 1y~26, and deliveredbefore January 10, 1927, it necessarilyfollowsthat they were chargeableto the appropriation mada to said departmentfor the fiscal year ending August 31, 1926.
If the Legislaturehas aver made anotherappropriationto pay this claim, we have not found it. This answersyour specificquestion.
This judgmentwas obtainedin a suit broughtby the plaintiffunder authorityconferredby S. C. R. No. 3: passed at the SecondCalled Sessionof the 43d Legislature,the concludingparagraphof which reads as follows:
"If and when the plaintiffin said suit shall have recovereda final judgmentin said cause the Highway Commissionof the State of Texas is hereby authorized and directedto pay said final judgmentwhich may have been secured,togetherwith all the court costs Out of the funds of the HighwayDepartment,and it shall be