Texas Attorney General Opinion: O-1479 Page: 10 of 15
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Honorable W. Lee O'Daniel, Page 10
out of the Old Age Assistance Fntd upon a schedule of pay-
mente as set out in the Act which extended to Septeaher 10,
1940, i. o., into the fiscal year ending August 1, 1941.
This schedule of payments is recognized in the Departmental
Appropriation Bill of 1939 (S. Be No. 427, Acts 46th Legis-
lature) and the money therefor is again expressly reappro-
priated thereia. In the absence of the express authority
granted it by the Logislature by House Bill 179, the Old Age
Assisteno Commission would not haveboeen eapowered to is-
sue this $900,000.00 worth of warrants when there was not
sufficient money in the fund to pay the (ander Section 11b
of House Bill No. 8, quoted above) nor could it have pro-
Tided that a part of such warrants should be paid out of reve-
nues to aeornuo uring the fiscal year ending Agust 51, 1941,
there being no appropriation therefor. The State Depart-
mat of Public Welfare is a creature of the Legislature; it
may exeroise only such powers as the Legialature has dele-
gated to it. and it may expend only such moneys as the Legis-
lature has appropriated to it. Pickle v. fialey, 91 Texn
484, 44 8. W. 480,
The money appropriated to the State Department of
Public Welfare for old ageo ssistanoe is not a eoortain sum
but consists of all the revenue aooruing from certain desig-
mated taxes, In this respect the appropriation i.s similar
to that of the Highway Department. In construing the a-
thority of the Highway Department to expend the moaey appro-
priated to it, the Austin Court of Civil Appeals said in
Atkins v. State highway Department, 801 S. W. 226:
'Here is appropriated .all of the funds
coming frao eertain sources, which, as col-
looted and deposited with the State Treask
urer to the rodit of a special fund desig-
nated as the 'State Highway Fund.' No other
money in the state treasury can be touched
for the purposes stated in the acts here in
question. No geateframount than that de-
posited in said .n can be used- or said
purposes." (Undersooring ours)
Bearing in miad the statutes and general principles
hereinbefore discussed we shall proceed toe consideration of
the several specific questions asked in your letter.
1(1) It is oontemplated that estimates
of revenue under present laws with necessary
periodical revisions will haveo to be made for
the eurront period, which is the biennium
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1479, text, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258665/m1/10/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.