The opinion
Hon. H, A. Beckwith, Chairman
Board of Water Engineers
Austin, Texas
Opinion Nor V-1345.
Re: Authority of the Board
of Water Engineers over
the appropriation to
the Interstate Compact
Commission In the gen-
eral appropriation bill
for the birnnium ending
Bear Sir: August 31, 1953.
You have requested an opinion of this of-
fice relating to the authority of the Board of Wetsr
Rugineers to supervise the expenditure of the appro-
priation made to the Intersfete Compact Commission
in the general appropriation bill for the biennium
ending August 31, 1953.
Your problem has been raised by the refusal
of the Comptroller to issue a warrant against the In-
terstate Compact Commission funds on a voucher signed
by you as Chairman of. the Board of Water Engineers.
The specific question asked is as follows:
“Your opinion Is now respectfully
requested as to whether this Board has
succeeded to all of the )owar, duties
and p’roperties of the Interstate Compact
Commission created under the 1949 Act,
or whether the Board of Water Engineers
is relieved of any future duties except
those advisory duties which now exist
under general law in respect theretoo”
The appropriation in’question is as ‘follows:
Bon. H. A. Beckwith, page 2 (V-1345)
“INTERSTATECOMPACT
COMMISSION
Subject to the provisions appearing at the
end of this Article, there is hereby appro-
priated out of the General Revenue Fund to
the Interstate Compact Commission for each
of the fiscal years of the biennium ending
August 31 1953, the sum of Ten Thousand
Dollars ($lO,OOO) for the payment of sala-
ries and other necessary expenses for said
Commission. Said acorouriation shall be a-
pended under the directlon and sucervision
gf thn State Board of Water m .
p one ti s and facilities owned bv the u-
tzrstzteeComoact Cow shall be maQa
available to the State Board of illate EnQ
pe rs for the nurnoses of this Sect&.” -
& 4 6 R.S. 1951, ch.
499; p: (Emphasis added.)
The last two sentences of the above rider
indicate that the Board of Water Engineers has suc-
ceeded to most, if not all, of the duties of the In-
terstate Compact Commissioner.8 However, the appro-
priation is made to the Interstate Compact Commission,
an independent commission created by general statute,
and if the provisions in the last two sentences of
the rider attempt to alter, amend or repeal the gen-
eral statute, they are invalid. .ittly Gen. op. v-
1254 (19511 D
The general statute (X.B. 594, Acts 5lst
Le R.S. 1949 ch. 330 p0 716 codified as Art.
74%;; V.C.S.) grovides for certain duties to be per-
formed by the Commissioner OP, with the Governor’s ap-
proval, by assistants employed by him. Some of the
duties have been completed, and others have been re-
moved by subsequent legislation. ,Att’y Gen. Op. V-
1307 (1951) . However, no general iegislation has
transferred the remaining activities or the control
over them from the Interstate Compact Commissioner to
the Board of lJater Engineers. Therefore, the attempt
to transfer the duties and control by a rider in the
general appropriation bill creates a conflict with the
general statute, and the attempt must fail. The last
two sentences of the rider are of no force or effect.
Att’y Gen. opa V-1254 (1951).
Hon. H. A. Beckwith, page 3 (v-1345)
Section 5 of the general statute creating
the Interstate Compact Commission appropriated funds
for the first two years’ operation and expressly
provided that the Interstate Compact Commissioner
was to sign the vouchers for which warrants would bs
issued against the appropriation. Section 5 has now
expired and the appropriation for the present bien-
nium does not have a comparable provision. However,
the present appropriation is made to the Interstate
Compact Commission, and even without express author-
ity, the head of the Commission is the proper one to
sign the vouchers.
To answer your question speciflcally the
duties of the Board of Water Engineers in relakon
to the Interstate Compact Commission are those which
are set out by Section 4 of Article 7466g:
“The State Board of Water Engineers
shall furnish the Interstate Compact Com-
missioner appointed hereunder such factual
data and information as it may have avail-
able and shall cooperate with the Inter-
state Compact Commissioners in the perform-
ance of his duties.”
That portion of the rider in the gen-
eral appropriation bill (H.B. 426, Acts
52nd Leg., R.S. 195l, ch, 499, p. 1228, at
p* 1374) which transfers to the Board of
Water Engineers control over the appropria-
tion made to the Interstate Compact Commis-
sion is an attempt to amend the general
statute placing the control in the Intsr-
state Compact Commissioner and is invalid.
Att'y Gen. op. V-1254 (1951).
The Interstate Compact Commissioner is
the proper person to sign vouchers for which
- ^
Hon. He A. Beckwith, page 4 (V-1345)
warrants will be issued against tkfe appro-
priation to the Interstate Compact Comis-
sion.
APPROVED: Very truly yours
C. K. Richards PRICE DANIEL
Trial & Appellate Division Attorney General
Jesse P. Luton, Jr.
Reviewing Assistant
By"$+%V'&
Charles D. Xathews E. Way Thode
First Assistant Assistant
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