Texas Attorney General Opinion: M-177 Page: 2 of 5
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Son. Robert S. Calvert, page 2, (M-177)
above." However, in the instant case the Comp-
troller determined that funds appropriated by the
State only in the amount of $1,849,536.24 were
available for the project. Accordingly, the
Comptroller certified that amount as available,
but noted on the proposed contract award that
the Federal funds involved had been obligated
for the project.
"In light of the foregoing circumstances
your opinion is respectfully requested on the
following questions:
"a. Prior to receipt of Federal funds
- alloted and obligated for a State
public works project, which together
with State appropriations account
for the project, may the Comptroller
execute an unqualified certification
that sufficient funds are available
for the project?
"b. If your answer to the foregoing
question is in the negative, may a
valid certification be executed by
adding thereto a qualifying phrase
such as "subject to the receipt of
$1,004,360.00 in Federal funds which
have been obligated for the above
project?"
"c. Under the contract described above,
wherein the Comptroller certified a
stated amount as available and,the
balance of the contract price is to
be furnished from obligated Federal
funds, may the Comptroller make pro-
gress payments or pay any other claim
under the contract prior to receipt
of Federal funds?
"d. May the Comptroller make progress pay-
ments or pay other claim pursuant to
an awarded construction contract in
respect to which no certification of
available funds has been made by the
Comptroller or in respect to which the
amount certified as available from
State appropriations is less than the
amount for which the contract wasawarded?" i
-851-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-177, text, January 4, 1968; (https://texashistory.unt.edu/ark:/67531/metapth269396/m1/2/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.