Texas Attorney General Opinion: MS-240 Page: 1 of 2
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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OF TE XAS
AustrIn 1i, TJUxAS
September 27, 1955Honorable Fred Williamson, Chairman
State Board of Registration for
Public Surveyors
P. O. Box 2293, Capitol Station
Austin, Texas
Dear Mr. Williamson:Letter Opinion No. MS-240
Re: Necessity of certification
by State Comptroller. of
House Bill 142 of the 54th
Legislature (Chapter 328)
containing an appropriation
to the State Board of Reg-
istration for Public Sur-
veyors.You have stated that the Comptroller of Public Accounts
has notified your Board that no appropriation exists for the opera-
tion of the Board during the current biennium because House Bill
142, Chapter 328, Acts of the 54th Legislature, 1955, which creates
the Board and which purports to appropriate certain funds for its
operation up to August 31, 1957, was not certified by the Comptrol-
ler in accordance with Section 49a of Article III of the Texas
Constitution.
You have requested our opinion as to whether this bill
requires certification by the Comptroller in order for the appro-
priation to be valid.
Section 9 of Chapter 328 reads in part as follows:
"All sums of money paid to the Board under the pro-
visions of the Act shall be deposited in the Treasury of
the State of Texas and placed in a special fund to be
known as the 'Registered Public Surveyors' Fund,' and
such fund is hereby appropriated and made available to
the Board created herein for expenditure in accordance
with the provisions of the Act, up to August 31, 1957.
This office has heretofore held that an appropriation
of all the money coming into a specific fund, without stating anyATOWO RMW OWn wmL
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MS-240, text, September 27, 1955; (https://texashistory.unt.edu/ark:/67531/metapth276749/m1/1/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.