the duty of said HighwayCommissionto pay such judgmentand costs if and when it is secured.w'~ HonorableCeo. H. Sheppard,June 5, 1939, Page 3 O-753
We have calledyour attentionto the above questionbecauseit may be contendedthat it is authorityfor you to pass this claim to voucherto be paid out of the funds appropriatedto the State iiigiwa:: Department by the secondparapaph of the rider attachedto the currentappropriation bill. If it shouldbe so contended,than you are advisedtlhato-x Constitutioninhibitsthe Legislaturefrom making an appropriation of money by concurrentresolution. See DepartmentalOpinionNo. 23%, dated September26, 191, addressedto Hon. Ion A. Smith,Comptroller, signedby E. F. Smith,AssistantAttorneyGeneral,and approved Cureton,AttorneyGeneral,a copy of which is enclosed. bz C. 1.1.
We are herewithreturningthe claim submitted.
Very truly yours
A'ITORVEX GENESAL OF TEXAS
s/ Bruce W. Bryant
BY Bruce W. Bryant Assistant
ENCLOSURE
APPROVED s/ GeraldC. Mann A!l'!PORXETi GElm?AL OF TEXAS
APPROVED OPINION COMMITTEE BY H. Q. B.