Texas Attorney General Opinion: O-5356 Page: 2 of 3
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807
honorable A. fl. Putlap Camaissioner, age 2
The Act psaeod the House May 26, 1941 -- yeas 93a
ays 23 -- nd passed tho Senaste, June 18, 1941 -- yoss 21,
I ays 4. It wvas-approved July 23, 1941.
. The Act costained the usual emergency clause but
as show by the above vote it lacked the necessary two-thirds
majority in the House and therefore did not become kmoediate-
ly effeCtive by reason of the emergency clause,.nor at all,
unless the Act is a general appropriation bill within the.
Meantg Of the Constitution. (Section 39, Article III)
In n opinion by this department, written by the
late Chief Justice C. M. Cureton vhle he wva First Aasistant
Attorney Genexrl it Vassidtl
we vill first determine the j eaning ofI the
phrase, a general appropriation act.' An appro-
priation of the State funds is a setting apart
.frc the public revenue of a certain sum of money
r sor a specified object in such a manner that the
executive officers are authorized to use that Mon-
se, and no more, for that speciflo object. .
M "The caption of this Act, as veil as the first
paragraph of the first section, expressly declares
that one of its purposes is to appropriate funds
for the payment of def.itencies which had been in-
eurred in adssnistering the affairs of the State-
Goveront. Another declared purpose is to provide
funds for meeting emergencies during the fiscal
year ending August 51, 1915.' Fc this we must as-
sume that one of the evile to be oremedied by the
statute vwas a liquidation of debts created under
A the lawtby reason of the. failure of the last pre-
, .ceding appropriation bill to carry such funds for
administering the affairs of the Government. An-
other evil to be renoedled w~s to avoid creating
4 further deficiencies in orer that the State might
T operate upon a cash basin. When the various itoms
of the bill are exmincd it vili be found that theycorrespond with the doclared purpose of the measure,
as contained in the caption and in the first seo-
tion."
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5356, text, 1943; (https://texashistory.unt.edu/ark:/67531/metapth262627/m1/2/?q=+date%3A1941-1945: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.