# The Attorney General of Texas
December 18, 1979
MARK WHITE Attorney General

Honorable Charles Murphy, Director Texas Aeronautics Commission P.0. Box12607,Capitol Station 410East 5th Street Austin, Texas 78711 Opinion No. MW-104 Re: Authority of the legislature to direct the charging of fees through riders to the General Appropriations Act. Dear Mr.Murphy: You have requested our opinion whether the legislature, through a rider to the General Appropriations Act, may validly direct the Texas Aeronautics Commission to chame a reasonable fee for the publication entitled Texas Airport Directory. - The commission’s authority to publish the Directory and other such publications is found in the general law in article 46c6, subdivision 8, V.T.C.S, which reeds inpertinent part:

The Commission may isme such aeronautical p&lie& tions as mayberequired inthe public interest This statute includes no specific grant of authority for thi commission to set or charge fees for such publications, and statutes are “strictly construed against fixing a fee by implication, as regards both the fixing of the fee end the officer entitled thereto.” Moore v. Sheppard, 192S.W.2d 559, 561 (Tex 1946). Therefore, the commission has no authority under article 46c-6, subdivision 8to set or collect afee for the Directory. However, article 4413(33),V.T.C.S., relates to the charge for sale of publications of executive departments and state agencies, and provides in section 1that:Any.depertment or agency in the executive branch

of the state government may, unless otherwise specifically directed by statute, set and collect a sales charge for DUbliCatiOnS end other Drinted matter when SUCK

charges are deemed to be in the public interest

P- 324Honorable Charles Murphy - Page Two (MW-104)

(Emphasis added. Thus, article 44l3(33) clearly permits the Texas Aeronautics Commission, at its discretion end when it deems it inthe public interest to do so, to set end charge a fee for any or all ofthe publications authorized byarticle 46~6, subdivision 8. But, byrider to the General Appropriations Act of 1979,the legislature attempts to direct the commission to set a fee for the Diectory. The specific language is found in article III,at III-8ofthe act, end states:

The Commission is hereby directed to set areasonable fee for the publication entitled Texas Airport Directory. Fun& received from sale of the publication shall be deposited to the General Revenue Fund It is settled law inTexas that arider attached to ageneral appropriation bill cannot repeal, modify or amend an existing general law. See Attorney General Opinions V-1254, V-1253 (1951),and cases cited The legislature cannot make mandatory by a general appropriation rider that which the general law makes permissive or discretionary. & In Attorney General Opinion MW-51(19791,the above Opinion V-1254 was relied upon, and stated:

. .. a general appropriation bill may contain any provisions or riders which detail, limit, orrestrict the use of funds or otherwise insure that the money isspent for the required activity for which it is therein appropriated, if the provisions or riders are necessarily connected with end incidental to the appropriation and use of the fun&, and provided they donot conflict with general legislation. Aslnthe case of MW-51,which dealt inthis instance with aGeneral Appropriations Act rider directing the State Board of Control to set certain minimum and maximum pad&g rates, the rider directing the Commission to set ereasonable fee for the Directory

“neither appropriates nor details, limits or restricts the use of funds.” It is instead a general directive to the Texas Aeronautics Commission to take certain affirmative action, andit may not validly beincluded inthe General Appropriations Act. Furthermore, the language of the rider directing that funds “received from sale of the publication shall bedeposited to the General Revenue Fund’ conflicts with the general law stated insection 3ofarticle 4413(33),which provides that:

Money collected from the chalges authorized bythis Act shall be deposited in the fund from which the costs of printing the respective publications or materiels were onginelly pald, end such moneys shall besubject toepproprlatlon bythe Legislature. (Emphasis added.

P. 325Honorable Charles Murphy - Page Three (NW-104)

SUMMARY The Texas Aeronautics Commission has the authority to set and charge a fee for its publications issued in the public interest. A General Appropriations Act rider directing the Texas Aeronautics Commission to set a reasonable fee for the publication entitled Texas Airport Directory is invalid since it is an attempt to enact general legislation inthe appropriations act.

MARK WHITE Attorney General ofTexas JOHN W.FAINTER, JR. First Assistant Attorney General TEDL.HARTLEY Executive Assistant Attorney General Prepared byBobGemmage Assistant Attorney General APPROVED: OPINION COMMITTEE C.Robert Heath, Chairmen David B.Brooks Walter Davis BobGemmage Susan Garrison Rick Gilpin William GReid Bruce Youngblood

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