Ronorable W. S. neatly Opinion No. N-249 

Cha~~mi.;ti~propriations 

\ RI?.: Validity of Section 49 of 

House of Representatives Article V of the AppropriaAustin, Texas tions Bill and Section 49 

of Senate Bill No. 15 of 

the 60th Legislature, Regular 

Rear Mr. Iieatly: Session, and related question, 

your request for an opinion asks the following 

questions concerning the provisions of Section 49 of Axticle 

V of Senate Bill 15, Acts of the~6Oth Legislature, Regular 

Session (General Appropriations Act): 

"(1) In View of the position now being 

taken by the Legislature by Section 49 of :the 

Appropriations Bill and Section 49 of Senate 

Bill No. 15 of the Regular Session of the 60th 

Legislature, your opinion is requested with 

reference to the validity of said provision 

in the Appropriations Bill,in view of specific 

statutes authorizing the einployment of professional legal personnel and their authority. 

"(2) Your opiniori is further requested 

in view of Attorney General's Opinion WW-1461 

which we ask that,you review in connection with 

the provisions as hereinabove outlined as being 

a part of the Appropriations Bill." 

The above referred-to rider reads as follows: 

"Sec. 49. ATTORNEYS. Prom and after 

September 1, 1967, should a vacancy occur in 

any department or institution of higher leaming. not otherwise exempted, in Articles III 

or IV of this Act in a position which has as 

hits primary function the practice of law and 

'. rendering of legal services and counsel, said 

position shall be filled only after having 

received the written approval of the Attorney 

General. 

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. 

Hon. W. S. neatly, page 2 (M-249) 

"None of the funds herein appropriated 

may be expended for legal services until the 

Attorney General has given prior written approval for the employment of such personnel 

and the compensation to be paid. This provision shall apply to all legal services except those rendered by personnel who are 

classified in the Position Classification Plan. 

"None of the funds appropriated in Articles 

II, III and IV of this Act, with the exception 

of funds appropriated to the Secretary of State, 

may be used for the delivery of a written legal 

opinion unless a copy of such opinion is furnished 

the Attorney General. 

"None of the funds appropriated in Articles 

II, III and IV of this Act, with the exception 

of funds appropriated to the State Library and 

for State-supported law schools, may be expended 

for purchase of law books without the approval 

of the Attorney General." 

A General Appropriations Bill may contain riders 

which detail, limit or' restrict the use of funds or otherwise 

insure that the money appropriated is spent for the required 

purposes for which the money is appropriated. However, a 

General Appropriations Bill may not repeal or amend existing 

general legislation. State v. Steel, 57 Tex. 203 (1882); 

Linden v. Finle 451 49 S.W. 578 (1899); Conle 

Daughters of th~'&%~ 10; Tex 80 156 S W 

v. 

19 m3h-r 

Moore v. Sheppard! 144 Te;. 537, 192 SIW.2d 559'(1946). 

The duty of representing State agencies and of 

rendering legal advice and counsel,to State agencies rests 

on the Attorney General. Article IV, Section 22, Constitution 

of Texas: Article 4399, Vernon's Civil Statutes. In addition 

thereto, certain State agencies may be authorized by statute to 

contract for the professional services of an attorney, and this 

authority may be limited, as herein shown, by the legislative 

provision requiring the Attorney General's advance written approval of the attorney to be employed as well as the rate of 

compensation to be paid him. 

Applying the principle of law announced in the abovecited cases to the rider in question, and in view of,the provisions of Section22 of Article IV of the Constitution, 

Article 4399, and,various other statutes permitting certain 

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Hon. W. 9. lieatly, page 3 (M-249) 

State agencies to contract for the services of an attorney, 

it is our opinion that the rider does not seek to repeal.or 

amend those statutes, but is designed to carry out such statutory provisions. 

Therefore', in answer to your first question, you 

are advised that the provisions of Section 49 of Article V 

of Senate Bill 15, Acts of the 60th Legislature, are valid. 

In answer to your second question. you are advised'thaf 

Attorney General's Gpinion'WW-1461 holds that the provisions 

of Subdivision h of Section 3 of Article 76218, permit the 

Texas Water Pollution Control Board to enter into a contract 

for the professional services of an attorney to advise and 

assist the Board. However, in that opinion, this office was 

not confronted with an opinion request involving the specific 

questions here presented, and such opinion is hereby supplemented and amended to the extent of the question answered 

herein. When the statutory provisions relating to the duties 

of the Attorney General and the employmsntof attorneys by 

other agencies are read in conjunction with the constitutional 

and statutory provisions relating to the duties of the Attorney 

General, it is noted that the rider plainly states that before 

appropriated funds may be expended, the employment and compensation to be paid must have the prior written approval 

of the Attorney General., 

SUMMARY 

Section 49 of Article V of Senate Bill 15, 

Acts of the 60th Legislature, Regular Session, 

relating to prior written approval by the 

Attorney General of the employment of personnel 

to render legal services and the compensation 

to be paid is valid. 

Attorney General's Opinion No. WW-1461 

(1962) is hereby supplemented and amended by the 

specific question answered in this opinion, 

Prepared bye C. MARTIN 

John Reeves Attorney General of Texas 

Assistant Attorney General 

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. . 

Ron. W. S. Heatiy, page 4 (M-249,) 

APPROVED: 

OPINION CDWWITTEE 

Bawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

aoughton Brownlee 

Roge'r Tyler 

John Grace 

S& Kblley 

A. 3. CAROBBI, JR. 

Executive Assistant 

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