The opinion
Mr. Raymond W. Vowel1
Executive Director
Board for Texas State Hospitals
and Special Schools
Box S, Capitol Station
Austin, Texas
Opinion No. W-655
Re: May the balance of the funds
remaining from specific line
Item appropriations available
for the fiscal year ending
August 31, 1959, be grouped
by the Comptroller into a
lump sum with the approval
and at the request of the
Board for Texas State Hos-
Dear Mr. Vowell: pltals and Special Schools.
The rider to the appropriation to the Board for the
various institutions under its jurisdiction and control con-
tained In House Bill No. 133, Acts 55th Legislature, Regular
Session, 1957, provides as follows:
"It is hereby declared to be the Legisla-
tive Intent that the appropriations listed above
for major repairs, rehabilitation and replacement,
and for new construction of buildings shall be
expended as nearly as practicable in the manner
specified; however, the Board for Texas State
Hospitals and Special Schools is authorized to
transfer such amounts as it deems necessary from
one appropriation item to another for repairs,
rehabilitation, replacements, or new construction
with the approval of the Covernor after obtaining
the advice of the Legislative Budget Board.
"Any unexpended balances In such appropria-
tion Items may be used for other needed repairs,
replacements or new construction. The unexpended
balances as of August 31, 19% are hereby reap-
propriated for major repairs, rehabilitation, re-
placement or new construction durin
year beginning September 1, 1958.
Mr. Raymond W. Vowell, page 2 (ww-7655)
. * ,',~,
Ordinarily the term "unexpended balance" refers to
the money on hand at the end of any fiscal year. However, in
the instant case, the term "unexpended balances" could not
refer to moneys on hand at the end of the fiscal year since
such construction would vitiate the underlined sentence
quoted above. At the close of the fiscal year, In the
absence of a re-appropriation, such items would lapse. Thus,
none of the moneys could ever be spent for other needed re-
pairs, replacesient,or new construction.
In view of the fact that the Legislature speci-
fically authorized that the appropriated items could be used
for other needed repairs, replacement, or new construction,
it was the evident intention of the Legislature that such
moneys could be used for such purposes after the specific
work for which such appropriation was made had been accom-
plished. Therefore, it Is our opinion that the term "unex-
pended balances" in the underlined sentence quoted above
refers to those balances remaining after the construction
work for which the items were appropriated has been accom-
plished.
You are accordingly advised that the balance of
the funds remaining from specific line item appropriations
available for the fiscal year ending August 31, 19.59,may
be grouped by the Comptroller Into a lump sum with the ap-
proval and at the request of the Board for Texas State Hos-
pitals and Special Schools without the approval of the
Governor upon furnishing satisfactory proof that the work
for which the specific appropriation was made has been
accomplished by the Board.
SUMMARY
Unexpended balances in the ap-
propriations for major repairs,
rehabilitation, and replacement,
and for new construction, may be
used for other repairs, replace-
ments and new construction by the
Mr. Raymond W. Vowell, page 3 (m-655)
Board for Texas State Hospitals
and Special Schools without the
approval of the Governor.
Yours very truly,
WILL WILSON
Attorney General of Texas
BY
John Reeves
JR:wb:zt Assistant
APPROVED:
OPINION COMMITTEE
L. P. Lallar, Chairman
Marvin F. Sentell
Charles D. Cabaniss
Paul W. Floyd, Jr.
Jack Goodman
REXCEWED FOR THE ATTORNEY GENERAL
BY: W. V. Geppert