February 17, 1989 

Sam A. Nixon, M.D. 

Chairman 

State Rural Medical 

Education Board 

P. 0. Box 12663 

Austin, Texas 78711 

Opinion No. JM-1018 

Re: Validity of a rider transferring duties from the State 

Rural Medical Education Board 

to the Coordinating Board 

(RQ-1612) 

Dear Dr. Nixon: 

The legislature created the Texas Medical Education 

Board pursuant to article III, section 50a, of the Texas 

Constitution. That article provides: 

Tex. Const. art. III, 5 50a. The enabling legislation for 

this amendment may be found in article 4498c, V.T.C.S. 

The Legislature shall create a State Medical 

Education Board to be composed of not more 

than six (6) members whose qualifications, 

duties and terms of office shall be prescribed by la'w. The Legislature shall also 

establish a State Medical Education Fund and 

make adequate appropriations therefor to be 

used by the State Medical Education Board t0 

provide grants, loans or scholarships to 

students desiring to study medicine and 

agreeing to practice in the rural areas of 

this State, upon such terms and conditions as 

shall be prescribed by law. The term 'rur.al 

areas' as used in this Section shall be 

defined by law. 

You note that a rider in the General Appropriations Act 

for the 1988-89 Biennium states that it "is the intent of 

the Legislature that the operations and responsibilities of 

the State Rural Medical Education Board be transferred to 

the Coordinating Board, Texas College and University 

System." General Appropriations Act, Acts 1987, 70th Leg., 

2d C.S., ch. 78, art. III, at 725. 

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Dr. Sam A. Nixon - Page 2 (JM-1018) 

You relate that the Rural Medical Education Board 

has declined to enter into an interagency 

contract with the Coordinating Board and has 

instead continued operations in unused 

space in an existing state office building. 

The . . . Acting Director has been serving 

without pay since September 1, 1988, and has 

been relying on the unpaid assistance of his 

wife, in order to keep the affairs of the 

Board current. Both persons have been 

properly appointed. Necessary expenditures 

are being made from the appropriate budget 

line items and no debt is being incurred. 

In light of these circumstances, you ask two questions: 

(1) Whether rider No. 3 [to the appropriation for the Rural Medical Education 

Board in the General Appropriations Act] is 

valid, given that it appears to be general 

legislation contained in an appropriations 

act in violation of the unity-of-subject 

clause of article III, section 35 of the 

Texas Constitution, and given that it may be 

a de facto termination by the Legislature of 

an agency created by the Texas Constitution: 

and 

(2) Whether the unpaid service of the 

duly appointed employees of the Board is in 

violation of any law. 

Article III, section 35, of the Texas Constitution prohibits the enactment of general legislation in a general 

appropriations act. Noore v. Shenoard, 192 S.W.Zd 559, 

561-62 (Tex. 1946). A rider to a general appropriations 

bill may only "detail, limit, or restrict the use of funds." 

Attorney General Opinions MW-585 (1982); WW-389 (1981); 

RW-51 (1979); V-1254, V-1253. (1951). 

In our opinion, the rider at issue here is unconstitutional. It does not appropriate funds, nor does it detail, 

limit, or restrict the use of funds appropriated elsewhere. 

Rather it is a general directive in derogation of the 

constitutional and, statutory directive concerning the 

affairs of the Rural Medical Education Board. Because the 

rider constitutes general legislation, it is violative of 

article III, section 35, of the Texas Constitution, and 

p. 5255 
Dr. Sam A. Nixon - Page 3 (JM-1018) 

hence, void and of no effect. $i,g~ Attorney General Opinion 

MW-585 (1982) (rider on cooperation between Board of Barber 

Examiners and Cosmetology Commission). As an invalid 

provision, it cannot require the Rural Medical Education 

Board to take any action, either to enter into an interagency contract with the Coordinating Board or to make an 

effort to do so.1 

State law forbids state agencies to accept donations of 

money and property because expenditures may be made only 

pursuant to authorization by the legislature. Tex. Const. 

art. III, 5 44. See aeneralu Attorney General Opinion 

JM-459 (1986) and the cases cited therein. The acceptance 

of voluntary services does not involve the expenditure of 

state funds.2 The absence of a specific authorization to 

accept the donation of services hence is of no consequence. 

&S Attorney General Opinion H-1318 (1978). 

The board is authorized to employ a director and other 

employees only "within the limits of funds made available 

for such purposes." $8.8 V.T.C.S. art. 4498c, § 5(f). The 

board thus in no case can bind the state to pay more than 

the funds available during the time the appointments are in 

effect. &S pickle v. Ej,l&y 44 S.W. 480 (Tex. 1898). 

Accordingly, if the Rural Medic;1 Education Board continues 

to accept the services of the employees which it has 

appointed, then the employees, or their heirs and legatees, 

may not assert a claim against the state for the value of 

their services. S e aenerally Morrison v. Citv 

Worth, 155 S.W.2d 9:8 (Tex. 

of Fort 

1941); see also Broom v. Tvler 

Countv Commissioners Court, 560 S.W.2d 435 (Tex. Civ. App. - 

Beaumont 1977, writ ref'd n.r.e.). 

1. The existence, nature, and duties of the Rural 

Medical Education Board are prescribed in the Texas 

Constitution, and it is axiomatic that only a properly 

ratified constitutional amendment may alter the existing 

constitutional provision. 

2. We do not here address any issue of potential agency 

liability for the acts of volunteers. 

P. 5256 
Dr. Sam A. Nixon - Page 4 (JM-1018) 

SUMMARY 

The functions and duties of the Texas 

Rural Medical Education Board may not be 

transferred to the Coordinating Board, Texas 

College and University System, by means of a 

rider to the General Appropriations Act. Tex . 

Const. art. III, s 35. The Rural Medical 

Education Board may accept a donation of 

services from employees appointed to positions 

by the board who agree to serve without 

salary. 

Very truly you J k h 

JIM MATTOX 

Attorney General of Texas 

MARYEELLER 

First Assistant Attorney General 

LOU MCCREARY 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAELEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by D. R. Bustion, II 

Assistant Attorney General 

p. 5257