Texas Attorney General Opinion: V-1305 Page: 2 of 13
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Hon. Larry 0. Cox, Page 2 (V-1305)
as provided in subsection (c) of Section
10, Article 2, H.B. 426."
You subsequently requested the opinion of this
office with regard to the authority of the Board to use
the annual $600,000 appropriation to the Board's Special
Reserve Account set up in Section 9(a) of Article II,
House Bill 426, m9SRA, for purchase of food, clothing
dry goods, etc., without approval of the Legislative Bud-
get Board. This particular appropriation was made to
cover unforeseen emergencies and needs which could not
be cared for by specific appropriations to the various
institutions because of the inability of the Legislature
to predict how many persons may become mentally ill or
contract tuberculosis or other illnesses requiring their
admission to State Schools and Hospitals. Neither could
the Legislature forsee how much the cost of food, cloth-
ing, etc., might rise above the amounts appropriated di-
red to each institution.
The rider (Sec. 2 of Art. II, House Bill 426,
agg ) which gives rise to your first question provides
in part:
"No institutions shall employ any person
at any title not contained in the list of ti-
tles of positions under the heading of Medical
Treatment and Patient Care Division for each
institution provided in this Article, unless
or until there has been prior approval by the
Legislative Budget Board to add or substitute
position titles with rates of pay within the
following maximum salary scales appropriate to
the class of position herein set forth0"
(There follows a list of position titles and
the salaries to be paid the persons having the
titles set out.)
Your second question involves Section 7(a) of
Article II, House Bill 426, sujpa, which provides:
"Transfer of Appropriations: (a) No
funds may be transferred between line items of
an institution and Central Office Appropriation
or between institutions including the Central
Office appropriations as provided in this Arti-
cle, without prior written approval of the Leg-
islative Budget Board. All requests for said
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1305, text, October 8, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266123/m1/2/?q=%221951~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.