Texas Attorney General Opinion: MW-191 Page: 1 of 2
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The Attorney General of Texas
June 5, 1980MARK WHITE
Attorney General
Supreme Court Building
P.O. Box 12548
Austin, TX. 78711
512/475-2501
701 Commerce, Suite 200
Dallas, TX. 75202
214/742-8944
4824 Alberta Ave.. Suite 160
El Paso. TX. 79905
915/533-3484
1220 Dallas Ave., Suite 202
Houston, TX. 77002
713/650-0666
806 Broadway, Suite 312
Lubbock, TX. 79401
806/747-5238
4309 N. Tenth, Suits B
McAllen. TX. 78501
512/882-4547
200 Main Plaza, Suite 400
San Antonio, TX. 78205
512/225-4191
An Equal Opportunity/
Affirmative Action EmployerHonorable Bob Bullock
Comptroller, Public Accounts
L.B.J. Building
Austin, Texas 78711Opinion No. MW."191
Re: Authority of the Texas
Prosecutors Coordinating Council
to contract with an attorney to
assist the district attorney to
prepare and try a caseDear Mr. Bullock:
The Texas Prosecutors Coordinating Council has presented you with a
voucher for payment of legal services by a private attorney. You inform us
that the Council employed an attorney to assist the district attorney for Bell
County in preparing and trying a criminal case. This assistance was
rendered in response to a request by the district attorney of Bell County.
For purposes of this opinion, we assume, without deciding, that these facts
are true and have been properly verified. You ask whether you may legally
pay this claim. See Norris v. Bullock, 580 S.W. 2d 812 (Tex. 1979); Bullock v.
Calvert, 480 S.W. 2d 367 C(ex. 1972); Attorney General Opinion 0-184 W9(9).
Funds appropriated to the Prosecutors Coordinating Council by the
Legislature out of the Criminal Justice Planning Fund were vetoed by the
governor. General Appropriations Act, Acts 1979, 66th Legislature, chapter
843 at 2445. The Council is operating on federal funds appropriated by the
General Appropriations Act "for any purpose for which the Federal grant
allocation, aid or payment was made... in carrying out the Council's
duties." General Appropriations Act at 2465.
The appropriation to the Council is subject to the limitations set forth
in Article V of the General Appropriations Act. It is the intent of the
Legislature to restrict and limit by these provisions the conditions under
which appropriated funds might be spent. The section V riders apply to
federal funds appropriated by the General Appropriations Act. Section 42 of
Article V provides as follows:
Section 42. OUTSIDE LEGAL COUNSEL. Prior
to expenditure of funds for retaining outside legal
counsel, agencies and departments covered by this
Act shall request the Attorney General to performp. 611
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-191, text, June 5, 1980; (https://texashistory.unt.edu/ark:/67531/metapth272036/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.