Untitled Texas Attorney General Opinion ( 1948 )

Aris-rmr I,.TEXAS February 2, 1948 Hon. H. D. Dodgen, Executive Secretary Game, Fish and Oyster Commission Austin, Texas Opinion No, V-492 Re: The authority of the Game, Fish and Oyster Commissfon to purchase uniforms for game and fish wardens from current appropriation. Dear Sir: Reference is made to your request for an opin- ion, dated December 9, 1947, which we quote as follows: "Several months ago, the Game, Fish and Oyster Commission passed a resolution authorizing the'Executive Secretary to purchase uniforms for all game and fish wardens and to have such uniforms consIgn- ad,tc the wardens as a part of their equfp- ment. 'IInthe absence of a specfffc appro- priation forthe purchase of this type of equipment,.we respectfully request your opinfon as to whether the funds available to this Department may be used for the pur- chase of such uniforms under the condition of our current biennial approprfatfon," The current departmental appro riatfon bSP1, being S. B. 391, Acts 1947, 50th Leg,, p0 F; 42, containing the speciffcapproprfatfons for the Game, Fish and Oyster Commission, contains a rider whfch reads in part as fol- lows: "The foregofng speciffc amounts, or so much thereof as may be used, are hereby appropriated for the purposes above enumer- ated and shall'be pafd out of either the - - Eon. H. D. Dodgen - Page 2 (V-492) Special Game and Fish Fund or the Medina Lake Fund, and all money to the credit of these special funds on hand in the State Treasury on September 1, 1947, together with the current revenues to be derived and placed to the credit of these special funds during the next ensuing two years ending August 31, 1949, are hereby appro- priated for the purpose of protecting, purchasing, propagating, trapping, distri- buting and improving the wild life re- sources of this State; for the creation, leasing, purchase and maintenance of game sanctuaries, public hunting grounds and public fishing grounds; for the dissemi- nat,ionof information pertaining to'the conservation, propagation, distribution and economic value of the wild life re- sources of this State; for the purpose of purchasing land; for the construction, maintenance and operation of fresh water fish hatcheries and rearing ponds; for the purpose of providing living quarters and maintenance of same for fish hatchery su- perintendents, assistant fish hatchery superintendents; for the making of scisn- tific investigations ana surveys of marine life; for the purpose of the construction and maintenance of passes from one body of coastal water to another; for the payment of refunds to the State Highway Commission, to counties, cities, or towns or any poli- tical subdivision thereof as provided by law; for the purpose of propagating fish to be placed in Medina Lake and protecting the same; for auditing expenses; for the payment of bond ~premiumson qualifications bonds of the Chairman and members of the Game, Fish and Oyster Commission and other officers and employees of the Game, Fish and Oyster Commission." After carefully studying the appropriation bill for the Game, Fish and Oyster Commission, and the rider attached thereto as set out herein, we have found no authority for the expenditure you propose. It will be observed that the rider will permit an expenditure only for the purposes enumerated in the appropriation a . Hon. H. D. Dodgen - Page 3 (v-492) bill or in the rider itself. And we would also direct your attention to the provisions of Section 6 of Article VIII of the Texas Constitution which prohibits money be- ing withdrawn from the State Treasury except pursuant to specific appropriations made therefor by the Legislature. The 50th Legislature, in the departmental ap- propriation bill providing for the Department of Public Safety, under its maintenance and miscellaneous items, specifically provided for uniforms for the Texas Highway Patrol Division and also for the Drivers License Division. We think it not unreasonable to conclude, therefore, that had the Legislature intended to authorize the purchase of uniforms under the maintenance, miscellaneous and improve- ments items appropriated to the Game, Fish and Oyster Com- mission, it would have specified uniforms thereunder, as it did in the appropriation to the Department of Public Safety. This opinion is in accord with former Opinion O-7243 of this Department, holding that coveralls may not be purchased for boiler inspectors employed by the Bureau of Labor Statistics out of the appropriation for that de- partment. SUMMARY The Game, Fish and Oyster Commission IS not authorized to purchase uniforms for game and fish wardens from its current appropria- tion. Sec. 6, Art. VIII, Texas Constitution. Yours very truly, ATTORNEY GENERAL OF TEXAS BY DJC:jrc:wb ATTORNEY GENERAL