Texas Attorney General Opinion: H-757 Page: 2 of 3
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The Honorable Bob Bullock - page 2 (H-757)
provided, hcwver, that all such bequests and
gifts of noneys, except those to the Department
of Mental Health and Mental Retardation and
institutions under its jurisdiction received
frame private sources, and to agencies and
institutions naeao in Article IV of this Act,
shall be deposited into the State Treasury and
shall be expanded in acoordance with the provisions
of this Act. Acts 1975, 64th Leg., ch. 743, at
2858.
It has been suggested that salary supplements made with gift funds
are not covered by section 1(q) since those funds are appropriated by
section 18 of article V of the Act and thus are not "other than appropri-
ated funds."
In deteninig the requirements of a statute the intent of the
Legislature nust be the paramount consideration. See e. ., Jessen
Associates v. Bullock, No. B-5577 (Teax. Sup. ec 17, 19o wlmers
v. Niar ab., 472 S.W.2d 112 (Tex. Sup. 1971). Where
s been ifomly c by those charged with its administration
and has been reenacted by the Legislature without change it is presued
that the legislature was aware of and adopted that construction. Humble
Oil 6 A ef Co. v. Calvert, 414 S.W.2d 172 (Tex. Sup. 1967); StRnfr
v. Buter, 18 S.W. 269 (Tex. Sup. 1944); Railroad mission v. Texas
SNew Orleans R. Co., 42 S.W.2d 1091 (Tex. Civ. pp. - Austin 1931,
-rT -ref'r) ' V;'ior identical to article V, sections 1 (q) and 18 of
the current Appropriations Act are also found in the 1973 General Apprpri-
ations Act, Acts 1973, 63rd Leg., ch. 659, p. 1786 [section 1(q) at
2195; section 18 at 2208]. A search of the salary supplement files
in the Office of the Secretary of State reveals that state agencies have
construed this language to require reporting of gift funds. Indeed, to
construe the prwisi as not applying to gift funds would give section
1(q) little, if any, meaning. Since the Legislature is presumed to have
used every word and section for a purpose, we cannot adopt a construction
that would make this section meaningless. Perkins v. State, 367 S.W.2d
140 (Tex. Sup. 1963) p Eddins-Walcher B utaneCC. v.T ~1i 298 S.W.2d
93 (Tex. Sup. 1957)-. Aco I Wly it s our iew the legislature
used the term "appropriated" in different onMtexts in sections 1(q) and 18,
and clearly intended that salary supplements paid from gift funds be
reported to the Secretary of State.p. 3201
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-757, text, January 2, 1976; (https://texashistory.unt.edu/ark:/67531/metapth271281/m1/2/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.