Texas Attorney General Opinion: O-4365 Page: 3 of 6
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Honorable Geo. . Sheppard, page 3
'1. Is the Ccmptroller accomplishing the purpose
of the provision of the Aet quoted in following the
practice of considering the cash balance at the close
of one month in artivng at the amount to be transferred
on the first of each month, even though there might be
an undeeraned amount of administration expense accounts
outs tarding and unpaid at the time?
"In answering this question please bear in mind that
therqre always some u npid accounts while on the other
hand there are current expenditures for supplies which
are to be used throughout the future months. Also, that
one statute (the O nibus Tax Bill) produces the money
while another authorizes the expenditures.
"2. Is the Comptroller authorized to issue during
any one month warrants for the payment of old-ace assist-
ante and administration combined totaling more than
$1,750,000.00 if the amount in excess of 41,750,000.00
is not greater than the amount of cancelled warrants
credit described above?
"I shall be glad to have you confer with representa-
tires of this department and the Public Welfare Department
if you wish further detailed information about the operation
of the accounts before making your reply."
You qste at the beginning of your letter that portion
of Senate Bill 490, Acts 47th Legislature, upon the construction
of which depends the answers to your questions.
While Senate Dill 490 amends section 2 of Article XX
of House Bill 8 (anibus Tax Bill) of the same session, that
portion of Senate Bill 490 which you quote, repeats unchanged
the same provisions as contained in House Bill 8. The legisla-
tle intent as to said provision, therefore, may be regarded
as unchanged from House BEl9, so that we cannot look to other
portions of 8. B. 490 for help in ascertaining the legislative
intent embodied in the proyvisas under consideration.
As now constituted, payments into the Old Age Assist-
ance Fund are made from two sources:
(1) The clearance fund and (2) certain taxes which are
paid directly into the Old Age Assistance Fund. These letter
are three-fourths of the revenues collected from taxes on (a)
coin-operated machines, (b) amusements, (c) wine, beer and
liquor stamp taxes and (d) all the revenues from wine, beer
and liquor permits.
The revenues from these tax sources, particularly as
to beer, wine and liqur permits, ry consaiderably from month
to month. In the quoted statute, these revenues are described
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4365, text, 1942; (https://texashistory.unt.edu/ark:/67531/metapth261610/m1/3/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.