February 17, 1989

SamA.Nixon, M.D. Chairman State Rural Medical Education Board P. 0. Box 12663 Austin, Texas 78711 Opinion No. JM-1018

Re: Validity of arider transferring duties fromthe 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, 550a. The enabling legislation for this amendment may be found inarticle 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 StateMedical Education Board t0 provide grants, loans or scholarships to students desiring to study medicine and agreeing topractice inthe 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 intheGeneral 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., 2dC.S., ch. 78, art. III,at 725.

p,.5254Dr. SamA. Nixon -Page 2 (JM-1018)

You relate that theRural Medical Education Board

has declined to enter into an interagency contract with the Coordinating Board and has instead continued operations in unused space inan existing state office building. The . . .Acting Director has been serving without pay since September 1, 1988, and has been relying on theunpaid assistance of his wife, in order to keep the affairs of the Board current. Both persons have been properly appointed. Necessary expenditures
arebeing made from the appropriate budget line items andnodebt isbeing incurred.

In light of these circumstances, you ask two questions:

(1) Whether rider No. 3 [tothe appropriation for the Rural Medical Education Board inthe General Appropriations Act] is valid, given that itappears tobe general legislation contained in an appropriations act in violation of the unity-of-subject clause of article III, section 35 of the Texas Constitution, andgiven that itmay be
ade 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 ina general appropriations act. Noore v. Shenoard, 192 S.W.Zd 559, 561-62 (Tex. 1946). A rider to ageneral appropriations billmay 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).

Inour opinion, the rider at issuehere is unconstitutional. Itdoes not appropriate funds, nor does it detail, limit, or restrict theuse of funds appropriated elsewhere. Rather it is a general directive in derogation of the constitutional and, statutory directive concerning the affairs of theRural Medical Education Board. Because the rider constitutes general legislation, it isviolative of article III, section 35, of the Texas Constitution, and

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

hence, void andof noeffect. $i,g~ Attorney General Opinion MW-585 (1982) (rideron cooperation between Board of Barber Examiners and Cosmetology Commission). As an invalid provision, it cannot require theRural Medical Education Board to take any action, either to enter into an interagency contract with the Coordinating Board or tomake an effort to do so.1

State law forbids state agencies to accept donations of money and property because expenditures may bemade only pursuant to authorization by the legislature. Tex. Const. art. III, 544. See aeneralu Attorney General Opinion JM-459 (1986)and the cases cited therein. The acceptance ofvoluntary services does not involve the expenditure of state funds.2 The absence ofa specific authorization to accept the donation of services hence isofno consequence. &S Attorney General Opinion H-1318 (1978).

The board isauthorized to employ adirector and other employees only "within the limits of fundsmade available for such purposes." $8.8V.T.C.S. art. 4498c, §5(f). The board thus inno case canbind the state topaymore 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, iftheRural 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 thevalue of their services. S eaenerally Morrison v. Citv Worth, 155 S.W.2d 9:8 (Tex. of Fort 1941); see alsoBroom 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 nothere address any issue ofpotential agency liability for the acts ofvolunteers.

P. 5256Dr. 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 andUniversity System, bymeans 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 fromemployees appointed topositions by the board who agree to serve without salary.

Very truly you 

# J h

k JIM MATTOX Attorney General ofTexas

MARYEELLER First Assistant Attorney General

LOUMCCREARY 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