Texas Attorney General Opinion: O-1212 Page: 4 of 5
5 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Won. Brady Gentry9 *.
You request our opinion n n substance as to what effect
if snr, the Governor's action had upon such 327 positions.
We vill first point about that the provwsio in the general
rider to the effect that sed funds should revert to the General
Bvenuev Fund at the ed of each year "unless otherwise provided I
, or noss otherwirvse provided" in the bi 1 does not apple to
the Highway epartmnt's appropriation. Fors such reversion Ls
otherwise prohibited by 1we. Article 6674e, Revised Civil 8tatutes;
Johnson vs. Fergason9 5 8. W, (24) 153. Said Article 6674e reads
as foliwes
"All moneys now er hereafter deposited in the State
treasury to credit of the *State Highway Faund' include
Small Federal aid oneays deposited to the credit of
d fund under the teras of the Federal Sighway Act
and all county aid oneys deposited to the credit of
said tUnd under the terms of this Act shall be subject
to appropriation for the specific purpose ef the improve-
mat of said system of State igshways by the State High-
may Department."
Renoe, there can be no rsv.reton of any of these moneys to
the Oensral Revenue Fund.
In the bill under consideration there are appropriations
for the payment of a large number of listed positions in the State
Highway Department and certain other specified items. The balance
of the Stats Highway Fund for the next bitium (after deducting
the reimbPrsements to the zri son Board and the General Fund) is then
appropriated to the Department for the establishment, construction
and maintenance of a system of State Highways. There is no limita-
tion placed a this "balance." It is governed only b the size of
the fund. Giving all the effect to the Governor's atian that can
be given, th elimination of the 327 positions listed tmder the "De*
martment9 and District aployes sub-division, and of the $5 000.00
traveling expense item had the effect of increasing by $523,70.00
the amount appropriated for the establishment construction and main-
tenance of the highways.
The appropriation of the whole of this balance was not dis
turbed by the Governor. Accompanied as it vas by a schedule of sal
arises governing the employent of additional men9 it is plain that
the Legislature and the Governor intended that such additional eploy-
sea as might be necessary in the eenomical and efficient use of the
State Highway Fund might be paid out of such balance.
Actually there were two appropriations of such $523,870.00.
With the first of such appropriations thereof vetoed it falls into
and autoatically becomes a part of the fund appropriated for the con-
struction, establishment and maintenance of a system of highways, in-
cluding the use of necessary parts thereof for the payment of salaries.
bny of the appropriations to the va~ous departments do not
eaontain any soh ri ers9 or speo al provisions; as those appended to
the Eighway Appropriation. Where such riders appear and their provis-
tons are plain as they are in this case, and are not vetoed, effort
mast be given to them.
With the 327 positions marked out this bill is so fdr as the
Highway appropriation is concerned is alos identical with the aro-
priations to tht Department in 1931, 1933, 193 and 1937. under thesesame riders during all this time the D)epartment has deployed such men
as were deemed necessary additional to those positions listed in the
appropriation bills, and so far as we know the validity of such special
provisions and the p ver of the e Department to employ additional men In-
der them has never been questioned. Knowing the e*mtrutin thus
placed upon its legislation knowing that effect was thus being give
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1212, text, July 31, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258395/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.