Untitled Texas Attorney General Opinion ( 1970 )

Hon. 0. N. Humphreys, Jr. Opinion No.M-583 Administrator Texas Alcoholic Beverage Re: Whether the Texas Alco- Commission holic Beverage Commission Capitol Station may utilize part of the Austin, Texas 78711 funds specified in Item 19 of its appropriations for construction of a revenue station at Eagle Pass. Dear Mr. Humphreys: You have requested the opinion of this office regarding the above question. In this connection, we note that the General Appropriation Bill for the 1970-71 Biennium, in Item 19 of its appropriations for the Alcoholic Beverage Com- mission, provides as follows: "19. For the construction of revenue stations along the international boundary, $28,000." A rider found in the appropriation bill on page III-16 reads, in part, as follows? "It is the intent of the Legislature that the funds appropriated above in Item 19 shall be expended for the construction, maintenance, and operation of revenue stations along the inter- national boundary at~Los Ebanos, Rio Grande City, Amistad Dam, Fabens, and Presidio, provided that in addition to the regular operating week, *..I) (Emphasis supplied.) -2781- Hon. 0. N. Humphreys, page 2 (M-583) In your opinion request you advised that careful investigation and evaluation by your staff had established that a serious need for a revenue station existed at Eagle Pass, and that the need for such, a station at Amistad Dam was comparatively small. YOU also advised that there is no convenient source of liquor supply at present on the Mexican side of Amistad Dam and that the traffic was relatively light. Notwithstanding the foregoing, the above quoted appropriation rider expressly limits the purposes for which Item 19 funds may be expended. This limitation is within the power of the Legis- lature. Your agency would have the authority to determine that a revenue station at Amistad Dam should not be constructed out of the funds presently allocated, but the agency would have no authority to transfer the funds to a use other than that specifical- ly directed by the Legislature. Attorney General's Opinions C-21 (1963) and O-5545 (1943). You are accordingly advised that it is the opinion of this office that the Alcoholic Beverage Commission does not have the authority to construct a revenue station at Eagle Pass, Texas from the funds appropriated in Item 19 of the agency's appro- priation. SUMMARY In constructing new revenue stations along the international border with Mexico, the Texas Alcoholic Beverage Commission is limited to construction of those stations expressly enumerated by the Legislature in the Appropria- tion Bill. You&ery truly, Attor@ General of Texas Prepared by Malcolm L. Quick Assistant Attorney General -2782- Hon. 0. N. Humphreys, page 3 (M-58,3) APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Acting Co-Chairman Terry Reed Goodman Glenn Brown Bennie Bock Ronald Carr MEADE F. GRIFFIN Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -2783-