Untitled Texas Attorney General Opinion ( 1950 )

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THEATTORNEYGENERAL
OFTEXAS
l?ovembar9, 1950
Hon. Robert S. Calvert
Comptroller of’public Accounts
Austin, Texas opition Blo.v-1117
Rer Validity of a rider
reapproprletlouof
unexpendedbalances
ln~opproprlatiousfor
stintsHoapltale and
Spehlal School0 and
other”lnstltutlousfor
the year ending August
Dear Sirr 31, 1950.
You have requested ailopinion as to vhether the
unexpended balances appropriatedby Rouse Bill Rumber 321
of the Regular Session of theFfftg’-firstLegislature can
be brought forvard and are ap;proRXatedfdr the use arid
benefit of the State Hospltals~andSReclal Schools for the
present year of the current biennium. I ;
You further ask:
“Should you hold by youi’oRlnlonthat
the unexpendedbalandes mentlaued lIuSubsec-
tion (c) of Section 18 oP'Fk%is~Bill Ifumber
32l’are available and appropriatedfor the
use and benefit-of the’State Hospi;talsand
Special Schools, then-afe~such balances pay-
able from the State IiospltalFund as created
by House Bill HuiidMr3 above-mentioned,(Acts
51st Leg., 'ZstC.S. 1950, ch.2, p.10) or are
suoh balances paid from the general revere?”
House Bill 321,Acts’51st Leg., R.So 1949, ch.
553,pm 1070 (“makingappropriationsfor the support,rnain-
tenance and Improvement of the State Hospitals and Special
Schools of the State of Texas for the two-year period be-
Sinning September 1, 1949 ahd ending August 31, 1951') was
approved by the Covernor “with the exception of those items
appropriatedtherein for the year audiI@ Auguut 31, 1951 ,a
which the Governor vetoed. Subdlvlslon (c) of Section 18,
House Bill 321, supra, provided, in part:
“’ .
Ron. Robert S. Calvert, page 2 (V-1117)
"(c) There is hereby appropriatedto the
Board any unexpendedbalance In any fund or
item appropriatedto any institutionremaln-
ing at the end of the fiscal year ending Au-
gust 31, 1950. Subject to the approval 19 the
LegislrtiveBudget Colmrritteethese unexpended
balances'maybe expended for the following pur-
poses: e e ."
It is our opinion that subdivision (c) above
quotea, constitutesan appropriation*for the year end-
ing August 31, 1951," within the iwaning of the Governor's
veto tiessage,ana w&s therefore;vetoed-by the Govetior.as
Well aa,the 0th~ ltems'approprlatedtherein for the year
ending August 31, 1951. Therefore;lt is out opinion that
the unexpendedbalances remaining at the end of the fiscal
year enaiug August 31, 1950;were not appropriatedfor the
fiscal year ending August 31, 1951, by subdlvlslon (c) of
Section 18 of House RI.11321. Rowever,'HouseBill 321,~~
;rn;ed,F House Bill 1, Acts slat Leg., 1st C.S. 1950, ch.
Subdivision (c) of Section 17 of Rouse Bill 1
pi&&es ,‘ln partn
"(c) There Is hereby appropriatedto the
Board and/o? Council any unexpendedbalance in
any fund or item appropriatedto any instltu-
tion remaining at the end of the fiscal year
ending August 31, Be e .,." (Emphasis
added.)
It Is oup opinlou that it waS'the Intention of
the Legislatureto appropriateby subdivision (c) of Sec-
tion 17, above quotea, the unexpendedbalance remaining
at the end of the fiscal year ending August 31, 1950,
rather than August 31, 1931, for House Bill 1 is an ap-
propriationfor the fiscal year beginningSeptember 1,
1950 and ending August 31, 1951 and for no other period.
It is statea in 2 Sutherland,Statutory Con-
struction (3rd Ed. 1943) 460-461, citing Chambers v.
State, 25 Tex. 307 (1860) that “Courts have permitt
Substitution of one word for another . . . wherz’it
is obvious that the word used in the act is the result of
clerical error, or mistake” and "where the substitution
will make the act sensible.“ Also It was held in Wood v.
State, 133 Tex. 110, 116, 126 S.W.2d 4, 7 (1939):
"It is the settled law that statutes
should be construed so as to carry out the
Hon. Robert S. Calvert, page 3 (V-1117)
legislativeintent, and vhen such intent 1s.
once ascertained,it should be.glven effeat,
even thou&h the literal mesnina of ,thewords
used therein is not followed.” (~baris
aadea.)
B giving House Bill 1 this donstruotlon,sub-
division (c7 of Section 17 is in o&omrit~ with the cap-
tion of the Bill which limits the’approprlatlonto ‘the
September 1, 1950 a&l ‘endl?gAu-
other aonstructlon'wouldrender sub-
of Section 17 unconstitutionalas being in.
violation of Section 35 of Artlalb RI of the Constitution
of Texas, ana the courts will give a statute a constroc-
tlon or Interpretationthat wll~~lvltsvalld If It Is
reasonably possible to do so. f.mler, 127 T&X.
428, 95 S.w.28 357 (1936 ; and kilo v.*Carter; 212 S.W.
26 950 (Tex.Civ.App.194 , error ref.).
Therefore, It is our opinion that the unexpended
balance in any fund or item appropriatedto the fiscal year
ending August 31, 1950, is appropriatedby the proViSions
of Rouse Bill 1 for the use and benefit of the State Hospl-
tals ana Special Schools for the present year of the aur-
rent biennium and may be expended for the purposes set out
in subdivision (c) of Section 17. Since the unexpended
balance” is an appropriationout of the general revelkue
fund, you are advised that such balances are to be paid
from that fund.
5XJWARY
The “unexpendedbalanae* In any pn4 or
itemappropriated by House Bill 321, ots 51st
WC., R.S. 1949, ch.553, p.1070, remaining ate
the end of the fiscal year ending August 31,
1950, Is appropriatedby the provisions of
House Bill 1, Acts 51st Leg., 1st C.S. 1950, ch.
14, p.55, for the use and benefit of the State
Hosplta‘lsand Special Schools and other insti-
tutions for the present year of the current
biennium and should be,paid from the general
fund.
APPROVED: Yours very truly,
J. C. Davis Sr. PRICE MRIEL
county Affalps Division Attorney General
Everett Hutchlnson
,~
Executive,Assistant
” Charles D. Hathews
First Assistant Assistant
JR%w