Texas Attorney General Opinion: O-1479 Page: 8 of 15
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Honorable W. Lee O'Deniel, Page 8
fndts by the State Treamlrer. It is pros
vided that the Legislature, out of any
monies allocated to said Fund, mayr appro-
priate urns of aney sufficient to pay the
aid and assistance to needy etizens of
Texas and for the rendering of other ser-
vices as provided for in this Act. It ls
further provided that, out of said aFund,
the Legislature may appropriate monies to
be used for the purposes of administering
this Act."
In aooordance with the above allocation of income,
the Legislature in senate Bill No. 427, Ats 1939, Regular
Session of the 46th Legislature known as the Departmental
Appropriation Bill, propriate this inoame of the Old
Age Assistanoe Fund to the Sate Department of Public Wsl-
fare in the followinglanguage:
*All aeone to the Texas Old Age As-
aistance Fund, as transferred to the Stte
Department of Publio Welfare Fund by Senate
Bill No. 56, Acts, 46th Legislature, Re-
gular Seasion, together with any balances
on hand at the end of a prior fisal year,
is hereby appropriated for each of fiscal
years ending Aungst 51, 1940, and A ngst
31, 1941, to the State Department of Public
Welfare for old ago assistance and for
salaries, equipment, supplies, travel,
maintenance, and contingent expenses neces-
sary in the extension of said old age as
distance and in administering all the duties
required of said Deparment by the Old Age
Assistance Laws, . . ."
It is to be noted that the Legislature here made
two separate and distinct appropriations "for each of fiscal
years ending August 31, 1940 and August 31, 1941. By this
language the Legislature manifestly intended that only the
income of the fund occruing during the fiscal year ending
August 31, 1940, should be spent in that year. Ignoring,
for the maaent, the pay as yo go* direction of Seotion
44, Senate Bill 56, they very terms of this appropriation
forbid the xpenditure during this fiscal year of more than?
the inome of this year. e do not wish to imply that the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1479, text, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258665/m1/8/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.