No. WW-0238 (1947).

Case DateAugust 26, 1947
CourtTexas
Texas Attorney General Opinions 1947. No. WW-0238 (1947). August 26, 1947Honorable Robert S. CalvertComptroller of Public AccountsState of TexasAustin, TexasOpinion No. WW-238Re: May the Comptroller of Public Accounts issue warrants to pay for a necessary easement and to cover the cost of the plans and specifications involved in the construction of a certain radio building to be built by the Texas Department of Public Safety near Midland, Texas?Dear Mr. Calvert:You have requested an opinion which involves the issuance of certain warrants which are required in connection with the construction of a radio building by the Texas Department of Public Safety. In your request you have posed the following questions:
"Please advise if I may issue my warrant in payment of easement on which the radio building is to be constructed?
"Please advise if I may issue my warrant in payment of the plans and specifications of the radio building without the State Board of Control's approval?"
We shall answer your questions in the order presented. Section 22 of Article VI of House Bill No. 140, Acts of the 54th Legislature, Regular Session, 1955, chapter 519, page 1592, which deals with the acquisition of property under the provisions of the General Appropriation Bill, provides, in part, as follows:
"Except as specifically authorized to do so by existing statutes, none of the agencies for which appropriations are made in this Act shall accept the donation of real property, except
gifts or devises of real property from private sources for the establishment of scholarships, professorships, or other trusts for educational purposes, provided such property will not thereafter require appropriations by the Legislature for operation, maintenance, repair or the construction of buildings; or expend any of the moneys appropriated herein for the purchase of real property without the expressed permission and authorization of the Legislature. ..." (Emphasis ours).
House Bill 140, Acts of the 54th Legislature, Regular Session, 1955, chapter 519, page 1499, which provides for the appropriation of funds to the Texas Department of Public Safety for the current biennium, reads, in part, as follows:
"The above appropriations are for salaries, seasonal or contingent help, travel, transportation, automobile maintenance and repairs, gas, oil, tires, etc., bond premiums,
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