Texas Attorney General Opinion: V-1357 Page: 4 of 6
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Hon. John H. Winters, page 4 (V-1357)
You state that the 200 acres of pasture
land are necessary to maintain a herd which will
supply sufficient milk and milk products for the
normal requirements of the Home and that these
products are necessary to the health and welfare
of all the children in the Home.
In view of the above facts, we must as-
certain if any of the line item appropriations to
the Waco State Home may be expended for pasture
rental.
Section 10(d) of the General Provisions
following the appropriations to the various State
hospitals and special schools provides:
"(d) All items herein appropri-
ated to the several institutions in-
cluding the Central Office, for bond
premiums, post office box rent land
rental, postage, telephone, telegraph,
heat, water, light, power, travel ex-
penses, maintenance of structures and
equipment, and capital outlay expendi-
tures for improvements and equipment,
shall be paid from the Board Local
Fund. It is further provided that the
items herein enumerated shall not be
supplemented from any other funds ap-
propriated in this Article, except as
provided in Section 7(a) and (b) and
Section 9, as provided in this Article."
(Emphasis added.)
It will be noted that the appropriations
out of local funds, Line Items 30, 31, 32, suara, do
not include a "land rental" appropriation. There-
fore, the rental expense cannot come from local funds.
Unless Line Item 27, supra, makes provision for the
payment of pasture rental, there is no appropriation
from which pasture rental may be paid.
The only categories in Line Item 27 which
might include pasture rental are "feed" and "miscel-
laneous supplies." "Pasturage" is a proper, but now
obsolete, meaning for the noun "feed." Webster's New
International Dictionary (2d Ed. 1938). Article 5502,
V.C.S., gives livery stable owners a lien for "feed"
and also a lien for "pasturage." However, this dis-
tinction is not controlling here, since it grew out
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1357, text, November 28, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266175/m1/4/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.