Texas Attorney General Opinion: WW-565 Page: 5 of 7
7 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Honorable William S. Fly, Honorable William S. Reatley,
page 5 (WW-565)
specific appropriation by the Legislature of Texas. This is
true because the two retirement Acts do not contemplate that
funds of either system shall be placed in the State Treasury,
and Section 6 of Article VIII of the Constitution of Texas,
requires specific legislative appropriation only for funds
expended or drawn from the Treasury.
The two retirement systems, however, may not expend
any portion of the unexpended balances of the funds now on
deposit in the State Treasury without specific appropriation
of said funds made by the Legislature, even though it is our
view that it was error, under existing statutes for the funds
to have been so deposited. Section 6, Article III, Constitu-
tion of Texas. We suggest, therefore, that the biennial ap-
propriations bill appropriate any unexpended balances of funds
belonging to the systems, now on deposit in the State Treasury,
and direct and authorize the transfer of such balances to a
special trust account with the State Treasurer acting as cus-
todian. When this is accomplished it will not be necessary
for the Legislature to make further appropriations of these
funds before they may be legally expended by the governing
bpard of each retirement system for the puroses for which re-
ceived. The Biennial Appropriations Act should also appro-
priate to the Employees Retirement 'System and Teachers Retire-
ment System the State-'s matching contribution. In the case
of the Teachers Retirement System the State contribution should
be appropriated from the allocations of the Omnibus Tax Fund,
while the State's matching contribution for the Employees Re-
tirement System should be made from the respective funds from,;
which the employees, benefited by the Act,receive their respeo-
tive salaries. This statement rests on the assumption that
the Legislature will desire to continue to provide matching
funds for the two retirement systems from the same sources
as in the current Biennial Appropriations Act (H.B. 133, Acts
of the 55th Legislature, Regular Session, 1957).
By way of summary, the Biennial Appropriations Act
for the ensuing biennium should contain two items for each
retirement system. One item should appropriate and authorize
-the transfer into a special trust account in the hands of the
SState Treasurer the unexpended balances of the funds now cred-
ited to the account of the respective retirement systems
which are deposited in the State Treasury. The other item
should appropriate to each system the State's catching contri-
bution for the ensuing biennium.
We wish to emphasize, however, that the Legislature
has full authority, if it so desires, to amend the existing
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-565, text, March 6, 1959; (https://texashistory.unt.edu/ark:/67531/metapth267177/m1/5/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.