Untitled Texas Attorney General Opinion ( 1951 )


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  • r FfTE dh’PFOMNEY GENERAL OF TICXAS PRICE DANIEL ATTORNEYGENERAL Hon. Coke R. Stevenson, Jr. .Administ rat or Texas Licuor Control Board Austin, Texas Opinion No. V-1267. Re: Percent of Confiscated Liquor Fund appropriated to the Texas Liquor Control Board, percent to be transferred to the Gen- eral Revenue Fund, and author- ity to use balance to rent of- fice space during the biennium Dear Sir: ending .August 31, 1953. You have requested an opinion of this office in regard to provisions relating to the disposition of the Confiscated Liquor Fund during the biennium ending August 31, 1953, as follows: 1. What percent of the Confiscated Liquor F’und may be used during the coming biennium for the purpose of purchasing and accumulating evidence and for other ex- penditures authorized by Section O(b) of ;heP ;i;luor Control Act? (Art. 66 2-30, . . . 2. What percent of the Confiscated Liquor Fund is to be transferred to the General Revenue F’und during the coming bi- ennium? 3. If in view of the answers to the above questIons there is a balance remain- ing in the Confiscated Liquor Fund, may it be used to pay rental on new or additional quarters7 The general statute setting up the Confiscated Liquor Fund and providing for its disposition is as fol- lows: Hon. Coke R. Stevenson, Jr., Page 2 (v-1267) I!(b) Thirty-five per cent (3596)of all moneys derived from the sale of alcohol- ic beverages containers, any device In which said ai cohollc beverages are packaged, or property, as authorized in Paragraph (a) of this Section shall be placed In a separ- ate fund in the State Treasury to be desig- nated as the Confiscated Liquor Fund, and thereafter all moneys in said fund shall be available to the Board to defray the expenses, and is hereby appropriated for said purpose of purchasing and accumulating evidence as to violations of the provisions of this Act and to defray the expenses ‘,;;;,r;;d in assem 6ling, storing, transporting and account- ing for said confisca 4 ed alcoh$ic beverages, . containers, devices, and property and’for any other purpose deemed necessary by the Board in administering and enforcing the provisions of the Texas Liquor Control Act. Any unexpend- ed portion of said fund at the end of each bi- ennium shall remain in said fund subject to further appropriation for’ such purposes. Slxty- five per cent (65%) of all moneys derived from the sale herein referred to shall be deposited in the General Fund of the State of Texas.” Par.(b) of Art. 666-30, V.P.C. The appropriation for the Texas Liquor Control Board in the general appropriation bill for the biennium ending August 31, 1953, provides in part : “It is further rovlded that not to exceed twenty per cent (20%P of the receipts from the sale of confiscated beverages and equipment as rovided in Section 30(b) of the Texas Liquor 8 ontrol Act shall be available for defraying ex- penses as stipulated in said Act, and the same are hereby appropriated for each of the fiscal ~;;;s ending August 31, 1952, and August 31i . The Comptroller is directed to trans er the remaining eighty per cent (80%) of the afore- said recei t s to the General Revenue Pond.” (Art. III H.B. i 26 Acts 52nd Leg., 1951, ch. 499, p. 1228, at p. 1382). Hon. Coke R. Stevenson, Jr., Rage 3 (v-1267) The general statute authorizes 35% of the COn- available for such expenses. The answer to your second question Is governed by Attorney General’s Opinion V-1254 (1951). The valid- ity of riders in a general appropriation bill is discuss- ed in detail in the above opinion, and we will only point out that in your case the general statute requires 65% of the Confiscated Liquor Fund to be transferred to the Gen- eral Revenue Fund, while the general appropriation bill rider requires 80% to be transferred. Since a rider CUR- not alter, amend, or repeal a general statute, the rider is invalid to the extent that it attempts to require a transfer of more than 65% of the Confiscated Liquor Fund. Att’y Gen. Op. v-1254 (1951). As a direct result of the answers to your first two questions it becomes obvious that the Confiscated Li- quor Fund wili have a balance of 15% remaining In it. In regard to the use of that balance, you make the following statement in your opinion request: “We have been advised that on or after September 1, 1951, it will be necessary for us to move our District Office from the Tribune Building here in Austin to another locat ion. We are not paying any rent for the space in the Tribune Building. But for the additional or new space, it will be necessary t 0 pay rent. “It has also been necessary for us to acquire different and additional office space for our District Offices at Fort Worth, San Antonio, Houston, McAllen and Wichita Falls, effective September 1, 19!%* ‘1. . . . Hon. Coke R. Stevenson, Jr., Page 4 (v-1267) ItIt is our opinion that the rent for the additional space for the hereinabove mentioned moves may be paid out of the ap- propriation in subparagraph ‘et of para- graph (16) of Section: 2 of Article III of House Bill No. 426, p. 1439, which provides as follows: ” le. In the event during the biennium beginning September 1, 1951, and ending Au- gu.st 31, 1953, any department having suffi- cient funds in a special fund separate and apart from the General Revenue Fund, can rent additional office space during sai bi- ennium with the approval of the Legisla &ive Budget Board and the Board of Control. There is appropriated out of said special fund a sufficient amount to pay the rent of the department moving to new quarters all of which shall be approved by the Legislative Budget Board. 1” The answer to your third question depends upon whether subparagraph (e) above is a sufficiently specific appropriation to meet the requirement of Section 6 of Ar- ticle VIII of the Texas Constitution, which provides: “No money shall be drawn from the Treasury but in pursu- ance of specific appropriations made by law; nor shall any appropriation of money be made for a longer period than two years.” The Su reme Court of Texas In National Biscuit Co. v. Statq, 13E Tex. 293, 135 S.W.?4d 687,693 (19401, said: -i 11 . . . An appropriation can be made for all funds coming from certain sources and de- posited in a special fund for a designated purpose. In such instances, it is not neces- sary for the appropriating Act to name a cer- tain sum or even a certain maximum sum.” In like manner an undesignated portion of a special fund be ap ropriated for a specific purpose. Att’y Gen. Op. Kg87 (19c9,. The authorities above cited make obvious the conclusion that the appropriation made in subparagraph (e), m, Is constitutional and that the 15% in the Confis- cated Liquor Fund, which is separate and apart from the Gen- eral Revenue Fund may be expended for the rental of addl- tional or nevj &f&e space. Hon. Coke R. Stevenson, Jr., Page 5 (V-1267) The provision in the general appropria- tion bill (H.B. 426 Acts 52nd Leg., 195l, ch. 499, p. 1228, a{ ’ 1382) appropriating 20% of the Confiscate I* Liquor P’und to the Texas Liquor Control Board for the purposes enumerated in Article 666-30(b), V.P.C., is valid. The provision directing the transfer of 80,% of this fund to General Revenue is Invalid to the extent that It attempts to so require the transfer of more than 65% of the fund, since a rider In a general appro- priatlon hill cannot alter amend, or repeal a general statute. The 154 remaining in the Confiscated Liquor Fund may be expended for the rental of new or addit ional quarte,rs un- der the appropriation made in subpar. (e) p$.rd it,“), Sec. 2, A III, H.B. 426, ACES ., 1951, ch. T 99, pm 1228, at p. 14I;9. Yours very truly, APPROVED: PRICE DANIEL Attorney General C. K. Richards Trial & Appellate ‘Division Everett Rut chinson Exe cut ive As si st ant Assistant Price Daniel Attorney General XWT:wb

Document Info

Docket Number: V-1267

Judges: Price Daniel

Filed Date: 7/2/1951

Precedential Status: Precedential

Modified Date: 2/18/2017