Texas Attorney General Opinion: WW-770 Page: 3 of 4
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Honorable J. T. Ellis, Jr., page 3 (WW-770)
"It is, therefore, our opinion that H.B.
56 did not require the certificate inquired
about."
This opinion has been cited and followed by other At-
torney Generals' opinions in similar situations in
not requiring such appropriations to be certified.
Attorney General's Opinions WW-416 (1958) and S-64
(1953).
It is clear that the Legislature has not appro-
priated money in Senate Bill 121 except to the extent
that funds are available from the payment of license
fees, Just as it did not anticipate any definite amount
of revenues in the situations discussed in Attorney
Generals' Opinions WW-416 (1958), S-64 (1953) and
0-6626 (1945).
The only difference in the appropriation under
the Hospital Licensing Law and the situations discus-
sed in the cited Attorney Generals' opinions is that
the statute in question does not specifically provide
for a special fund that the licensing fees are to be
deposited in. Senate Bill 121 does, however, provide
that the fees will be deposited with the Treasury to
the credit of the licensing agency, which means that
these funds cannot be spent for any purposes other than
the purposes that the licensing agency may direct in
the administration and enforcement of the Hospital Li-
censing Law.
It is our opinion that this appropriation does
not need to be certified by the Comptroller since the
funds appropriated cannot exceed the available revenue
according to the terms of the statute and the funds are
to be deposited with the State Treasury to the credit
of the licensing agency.
SUMMARY
Section 7 of Senate Bill 121,
Acts 56th Legislature, Regular
Session, 1959, Chapter 223, page
505, Texas Hospital Licensing Law,
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-770, text, January 6, 1960; (https://texashistory.unt.edu/ark:/67531/metapth267382/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.