RonorableW. S. neatly OpinionNo. 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 relatedquestion,

your request for an opinion asks the following **questions** concerning the provisionsof Section 49 of Axticle V of Senate Bill 15,Acts of the~6Oth Legislature,Regular Session (GeneralAppropriationsAct):

"(1) InView of the positionnow being taken **by** the Legislatureby 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 requestedwith reference to the validity of saidprovision in the AppropriationsBill,in view of specific statutesauthorizing the einployment of professional legal personnel and their authority.
"(2) **Your** opinioriis further requested in view of Attorney General's OpinionWW-1461 which we ask that,you review in connectionwith the provisions as hereinabove outlined as being
a part of the AppropriationsBill."
The above referred-torider reads as follows:

"Sec. 49. ATTORNEYS. Prom and after September 1, 1967, should a vacancy occur in any department or institutionof higher leaming. **not otherwise**  **exempted,** in Articles III or IV of this **Act** in a position which has as hitsprimary function the practice of law and '.rendering of legal services and counsel, said position shallbe filled only afterhaving 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 servicesuntil the Attorney General has given priorwritten approval for the employment of such personnel and the compensation to be paid. This **pro** vision shall apply to all legal services except those renderedby personnelwho are classified in the Position ClassificationPlan.

"Noneof 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 thisAct, 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 AppropriationsBill 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 forwhich the money is appropriated. However, a General Appropriations Billmay 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 authorizedby statute to contract for the professional services of an attorney, and this authoritymay be limited, as herein shown, by the legislative provision requiring the Attorney General's advancewritten 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 statutespermitting certain

-1210-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 stat**utory** provisions.

Therefore',

in answer toyour firstquestion, 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 toyour second question.you are advised'thaf Attorney General's Gpinion'WW-1461holds that the provisions of Subdivisionh of Section 3 ofArticle 76218, permit the TexasWater PollutionControl Board to enter into a contract for the professional services of an attorney to advise and assist the Board. However, in that opinion, this officewas not confrontedwith an opinion request involving the specific questions here presented,and such opinion ishereby supplemented and amended to the extent of the question answered herein. When the statutory provisionsrelating to the duties of theAttorney **General** and the employmsntof attorneysby other agencies are read in conjunctionwith the constitutional and statutory provisionsrelating to the duties of theAttorney General, it is noted that the rider plainly states thatbefore appropriated funds may be expended, the employment and compensation to be paid must have the priorwritten approval of theAttorney General.,

SUMMARY

Section 49 ofArticle V of Senate Bill 15, Acts of the 60th Legislature,Regular Session, relating to prior **written** approvalby the Attorney General of the employment of personnel to render legal services and the compensation tobe paid is valid.

Attorney General's Opinion No. WW-1461 (1962) ishereby supplemented and amendedby the specificquestion answered in this opinion,

Preparedbye C. MARTIN John Reeves Attorney General of Texas AssistantAttorney General -1211-. .

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

APPROVED: OPINION CDWWITTEE

Bawthorne Phillips, Chairman Kerns Taylor, Co-Chairman aoughton Brownlee Roge'rTyler John **Grace** S& Kblley

**A.** 3. CAROBBI, JR. Executive Assistant

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