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This page is available for comment and discussion regarding the page Article VIII, Section 6 of the Texas Constitution.
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money shall be drawn from the Treasury but in pursuance of specific appropriations made by law.” Because of this constitutional restriction on withdrawing money from the Treasury, the legislature’s funding obligations are generally limited to the amount it appropriates, even though a general law may authorize the appropriation of a larger amount. See Edgewoodlndep. Sch. Disf. v. Meno, 893 S.W.2d 450, 470 (Tex. 1995). A statute that sets compensation for a certain position is not in itself an appropriation, and the incumbent will not receive the fbll compensation authorized by statute unless the legislature appropriates that amount. Pickle v. Finley, 44 SW. 480 (Tex. 1898); Mutchler v. Texas Dep ‘t of Public Safely, 681 S.W.2d 282 (Tex. App.--Austin 1984, no writ); Attorney General Opinion IM-115 (1983). I
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Tex. Att'y Gen. Op. No. 0-0044 (1939) at 3 (explaining that pursuant to article VIII, section 6 of the Texas Constitution, the Comptroller may not withdraw money from the Treasury to "rectify a previous bookkeeping error, or for any other reason, except upon specific direction by the Legislature")
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Article VIII, section 6 of the Texas Constitution prohibits au appmpriation for longer than two years. In Teas Public Building Aufhori@ v. Muffox the Texas Supreme Court concluded that article Vlll, section 6 does not f&id . the execution of a contract that “does nor bind the state to pur&ase a tied quantuy of gwds or services each year, but rather which bii the state only to purchase those quantities which within its sole discretion it de&m&s it needs.” Texas Pub. Bldg. AI&L v. Mattox, 686 S.W.2d 924,929 (fex. 1985); see also Ciry of Big @ring v. Board of Control, 404 S.W.2d 810,814.15 (Tex. 1966); Charles Scribner’s Sons v. Mom, 262 SW. 722,72426 (Rx. 1924); Attorney General Cpinion o-1627 (1940) at 5. As an example of a contract not prohibited by article Vlll, section 6, the Tarap Public Building Authorf~ ant cited to the contract at issue in C&Y of Big Spring v. Bond of Confrof, 404 S.W.2d 810 (Tex. 1966).
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M&on v. Zmkhurt, 114 S.W.2d 216, 219 (Tex. 1938)
Attorney General Opinions C-742 (1966), O-44 (1939)
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Friedman v. American Surety Co., 151 S.W.2d 570, 576-77 (Tex. 1941)
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it has been amended just once to remove