June 5, 1974 

The Honorable Raymond W. Vowel1 

Commissioner. 

Opinion No. H- 321 

State Department of Public Welfare 

John H. Reagan Building 

Austin, Texas 78701 

Dear Commissioner Vowell: 

Re: Validity of rider to 

Department of Public 

Welfare’s appropriations 

requiring dentures for 

Public Welfare recipients 

to be made in the laboratory of the Department of 

Corrections. 

The current Appropriations Act for fiscal 1974 and 1975 sets aside 

~a sum of money from the Medical Assistance F’und to be used by the 

Department of Public Welfare for “Eye Glasses, Dentures and Hearing 

Aids. ” Acts 1973, 63rd Leg., ch. 659, p. 1858, Item 50A(b). You are 

concerned with a provision apparently intended as a rider to this 

appropriation which states: 

“(8) In all instances in which the Department provides, 

out of funds appropriated under Item 52A [sic., ,obviously 

intended ,to refer to Item 50A], dentures for recipients of 

Public Assistance, it is the intent of the Legislature that 

the recipient shall have the choice of dentists, but the 

plates must be made in the laboratory of the Department 

of Corrections from impressions furnished by the dentist. ” 

Acts 1973, 63rd Leg . , ch. 659, p. 1860. (Emphasis added) 

.Section 35 of Article 3 of the Texas Constitution provides in part: 

“No bill, (except general appropriation bills, which 

may embrace the various subjects and accounts, for 

and on account of which moneys are appropriated) shall 

contain more than one subject, whtch shall be expressed 

in its title, ” 

p. 1484 
The Honorable Raymond W. Vowell, page 2 (H-321) 

The nature of appropriations bills necessitated a special exception to the 

traditional one subject requirement to allow inclusion of appropriations 

of funds for two or more departments, subjects, accounts or purposes 

with the one general purpose of appropriating money and limiting its use. 

Attorney General Opinion V-1254 (1951). 

A general appropriations bill is nonetheless subject to the constitutional prohibition against including more than one subject in a bill. 

The appropriation of funds is the allowed one subject of the bill and 

consequently, a general appropriations bill cannot contain another 

different subject, such as general legislation through a rider. An appropriation bill or a rider to it may set aside a sum of money for a specific 

purpose, provide the means for its distribution, and to whom it shall be 

distributed, if the rider is necessarily connected with and incidental to 

the appropriation and use of funds. 

In our opinion, a rider which is merely declaratory of existing law, 

in many instances may properly limit and restrict an appropriation by 

words directing that the funds “must” be spent in a particular manner. 

However, in this instance the language requiring that denture “plates 

must be made in the laboratory of the Department of Corrections” is 

a form of general legislation and is prohibited by Art. 3, Sec. 35 from 

inclusion in a general appropriations bill. 

Item 50A, the “Medical Assistance Fund” of the appropriation to 

the Department of Public Welfare, is the repository of all appropriations 

pursuant to the ‘Medical Assistance Act of 1967”, Sec. 17, Article 695j-1, 

V. T. C. S. 

Section 2 of the latter Act explains that its purpose, in part, his “to 

enable the state to obtain all benefits provided by the Federal Social 

Security Act as it now reads or as it may be amended . . . This Act 

shall be liberally construed and applied in’ relation to Federal law and 

regulations . . . . I’ 

Section 5 of the state law tracks a federal requirement by providing 

that “No recipient of Medical Assistance shall be denied freedom of 

choice in his selection of a provider of Medical Assistance that is 

authorized by the State Department of Public Weltire. ‘I 

p. 1485 
The Honorable Raymond W. Vows& page 3 (H-321) 

The provision of the federal Social Security Act which requires 

“free choice” as one aspect of a qualifying State plan for medical 

assistance is Section 1902(a)(23), codified as 42 U.S. C. A., Sec. 1396(a). 

providing: 

“A State plan for medical assistance must - 

. . D 

“(23) provide that any individual eligible for medical 

assistance (including drugs) may obtain such 

assistance from any institution, agency, community pharmacy,. or person, qualified to perform the service or services required . . . ” 

Federal regulations in defining denture service, require not only 

that dentures be prescribed by a dentist, but that the dentures be made 

by or according to the directions of a dentist. 45 C. F. R., Sec. 249.10 (12)(ii). 

In our opinion, the rider is an attempt to amend the general provision in 

Article 6953-1, Sec. 5, which confers upon a recipient “freedom of choice in 

his selection of a provider of Medical Assistance”, and is to that extent invalid 

as general legislation contained in an appropriations bill. . . 

The Prison-Made Goods Act of 1963, Article 6203c, Sec. 9, V. T. C.S. 

authorizes the Department of Corrections to supply the requirements of the 

Department of Public Welfare, if it is able to do so. However, in our 

opinion, that Act does not require the Department of Public Welfare to use 

the prison facilities to make dentures in every instance, and especially if 

doing so would violate any provision of the Texas “Medical Assistance Act 

of 1967” or otherwise it could place the state in a position of noncompliance 

with Title XIX of the federal Social Security Act, 42 U.S. C. 1396(a), et seq., 

and its applicable federal regulations. 

SUMMARY 

A rider to the Department of Public Welfare’s 

appropriations for 1974 and 1975 requiring dentures for 

p. 1486 
The Honorable Raymond W. Vowell, page 4 (H-321) 

welfare recipients to be made in the laboratory at 

the Department of Corrections is invalid as general 

legislation contained in a General Appropriations, 

Bill in violation of Sec. 35, Article 3. 

Very truly yours, 

rney General of Texas 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1487