Texas Attorney General Opinion: MW-51 Page: 4 of 9
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Honorable William P. Clements, Jr.
Honorable Bill Presnal Page Four (M- 5 1 )
Honorable Homer A. Foerster
Human Resources and the Texas Youth Council Further, it is the
intent of the Legislature that the building be constructed on State.
land currently owned by the Texas Department of Mental Health
and Mental Retardation. The Board of Mental Health and Mental
Retardation is hereby authorized and directed to transfer to the
State Board of Control record title to a certain triangular-shaped
tract of land 29 acres, more or less, in the north part of the City of
Austin, bounded on the west by West uadalupe Street and North
Lamar Boulevard, on the north by Slit Street, on the east by
Guadalupe Street and having the southern tip of the tract at the
Intersection of Guadalupe and West Guadalupe Streets, together
with all records held by it concerning this tract
These two paragraphs do not constitute an "item" of appropriation under the test
estabUshed in Jessen. They do not set aside or dedicate funds. Instead, the language
directs and quaUis the use of funds appropriated elsewhere. SeeJessen, ra at 599 -
600 (Supreme Court found fact that funds were appropriated elisehere was4ifleant in
determining that the provision was not an item of approprpriation and thus was not subject
to veto). It prohibits the use of certain categories of funds for constrUction of this
building, and it effectively directs the use of funds appropriated In other portions of the
Act. Accordingly, the Governor was without authority to veto this provision.
The Governor asks a series of questions regarding earned federal funds, whloh it is
anticipated will be the source of revenue for the construction of the building listed in the
rider. Earned federal funds are generated by reporting state expenditures for services to
persons eligible for certain federal programs and by claiming federal matching funds for
those services. The earned federal funds are subject to appropriation by the legislature
and have in fact been appropriated. Se , art. I, rider (6) at II-52, art. V, S 19. The
portion of the appropriations act refleting the method of financing the Department of
Human Resources appropriation Indicates that $60,650,000 has been appropriated to the
department for the next two years from earned federal funds. This amount reflects only
the portion of the department's itemized appropriation coming from earned federal funds.
It does not include any funds for the construction of the building; however, all earned
federal funds are appropriated by the sixth rider to the department's appropriation. Thus,
the amount of earned, federal funds the department may spend is not limited to the
$60,650,000 shown in the method of financing description. Additional funds in excess of
the $60,650,000 appropriation may be spent for the construction of a building within the
limits set out in the rider which the Governor sought to veto.
The third provision in question is
The State Board of Control shall establish a maximum and a
minimum monthly charge for state employee parking of $16 and $6
respectively for facilities within its jurisdiction. The Board isp. 159
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-51, text, August 31, 1979; (https://texashistory.unt.edu/ark:/67531/metapth271896/m1/4/?q=Lamar+University: accessed June 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.