Honorable Robert S. Calvert Opinion No. M- 1199 

Comptroller of Public Accounts - 

State Finance Building Re: 

Austin, Texas 78711 

Dear Mr. Calvert: 

Validity ,of riders in the 

1971 General Appropriations 

Act, (Acts of 62nd Leg., 

R.S. 1971, Chap. 1047, pages 

3421, et seq.). 

You have requested our opinion on the validity of 45 rid- 

. _ . . . 

ers in the current 1971 General Appropriations Act wnicn are 

quoted in separate paragraphs as you have numbered them with 

our opinion following the verbatim quotation of the rider. 

Certain general principles of constitutional law are applicable to the validity of such riders. These principles may 

be summarized as follows: 

An appropriation bill may detail, limit or restrict the 

use of funds therein appropriated or otherwise insure that the 

appropriated money will be spent for the purpose intended. 

Moore v. Sheppared, 144 Tex. 537, 192 S.W.Zd 559 (1946); Linden 

v. Finley, 92 Tex. 451, 49 S.W. 578 (1899); Attorney General' 

Opinions O-445 (1939), V-1253 (1951), V-1254 (1951), 2959 

(1935), V-1196 (1951). 

A rider attached to the seneral aoorouriation bill cannot 

repeal, modify or amend an existing generai law. State v. 

Steele, 57 Tex. 203 (1882); Linden v. Finley, supra; Moore v. 

* Attorney General's Opinions 1745 (1917), 2787 

%%%96?ff%5,, 2970 (19351, o-445 (i939), o-1837 (i940), 

G-2573-(1940); O-5329 (1943), V-412 (1947), V-894 (1949), 

V-1196 (1951), V-1254 (1951), M-1141 (1972). 

If a bill does more than set aside a sum of money, provide the means of its distribution, and to whom it shall be 

distributed, then it is a general law. Attorney General's 

Opinions 2965 (1935), V-1254 (1951); Moore v. Sheppard, supra. 

The distinction between a general appropriation bill and 

general legislation has been recognized in this State in the 

-5852- 
Hon. Robert S. Calvert, page 2 (M-1199) 

simple fact that the former merely sets apart sums of money for 

specific objectives and uses while the latter does more than 

merely appropriate and limit the use of funds. General legislation constitutes a separate subject and cannot be included 

within a general appropriation bill. Moore v. Shepp 

Attorney General's Opinions 2965 (1935), V-1254 (19 1) 

(1951), WW-294 (19571, WW-310 (19571, H-280A (1968): 

ar;,v~y;;f; 

. The veto power of the Governor is a Legislative and not 

an Executive or Judicial function, hence the Governor has only 

such power as the Constitution confers upon him and he may not 

disapprove of certain paragraphs or portions of a bill and approve the remainder. Fulmore v. Lane, 104 Tex. 499, 140 S.W. 

405 (1911): Attorney General's Opinions V-1196 (1951), M-1141 

(1972). The Governor has the power to veto only items of an 

appropriation bill. The Governor has no authority to veto 

a rider in an appropriation bill unless it is in itself an 

item of appropriation. Fulmore v. Lane, supra; Attorney 

General's Opinion V-1196-il951). 

The only authority of the Governor to exercise a substantive veto power over legislation or items of appropriation 

is clearly set out in Article IV, Section 14, of the~constitution of Texas. Where the Constitution has spoken and preempted this matter, the Legislature is without power either 

to add to or detract from this constitutional function. In 

exercising that veto power, the Governor is exercising a 

Legislative and not an Executive or Judicial function. He 

has only such power as the Constitution confers upon him; 

he cannot disapprove of certain portions of a bill which are 

not items of appropriation, and approve the remainder. Fulmore 

v. Lane, 104 Tex. 499, 140 S.W. 405 (1911); Annotation, 35 

A.L.R. 600, and cited cases: 16 C.J.S. 617, Const. Law. Sec. 

139, n. al; 81 C.J.S. 1220, States, Sec. 164, n. 55; and 

Attorney General's Opinion V-1196 (1951). 

Aside from the constitutional substantive veto power of 

the Governor granted in Article IV, Section 14, Texas Constitution, there is no other authority provided for him to have 

a continuing veto power over expenditure of appropriated funds. 

Any attempt by the Legislature to delegate to the Governor 

the power to exercise a continuing veto over such expenditures 

and at his own discretion would constitute an attempt to increase the Governor's veto power. Furthermore, if the Legislature attempted to grant such power by a rider in an appropriation bill, such rider would amount to general legislation 

-5853- 
Hon. Robert S. Calvert, page 3 (M-1199) 

in violation of Article III, Section 35, Texas Constitution, 

under the authorities cited above. 

In Attorney General's Opinion M-1141 (1972), we concluded 

that in view of the authorities cited therein, a rider requiring approval of the Governor as a prerequisite to the expenditure of moneys appropriated therein was invalid. See 

also Attorney General Opinion No. M-280 (1968). 

Applying all of the foregoing principles of constitutional 

law to the attached riders, you are advised that it is our 

opinion the riders are valid or invalid according to the comments following the language being construed: 

1. Page II-43 Section 2, Subsection e, for 

Special Provisions, which reads, "Salary 

rates in excess of the minimum amounts 

specified in Senate Bill No. 116, as 

amended, and the salaries of coaches 

and teachers of exceptional children, 

may be paid with the advance written 

approval of the Governor; but such approved rates shall never exceed the rates 

of pay for like positions paid in the 

public schools of the'City in which the 

State School or Home is located." 

That portion requiring written approval of the Governor 

is invalid, but the remainder of the provision is valid. In 

support of the valid portions, see hW-229 and WW-282. 

2. Page III-11 for the Air Control Board which 

reads, "None of 'the funds appropriated to 

or that are available for use by the Air 

Control Board may be expended by the Board 

for legal services of any type until the 

Attorney General has approved the position 

and person to fill the position. The 

Comptroller of Public'Accounts shall make 

payment for such service only after written 

approval has been received from the Attorney General." 

This rider is invalid because it is an attempt to enact 

general legislation in an appropriation bill. Opinions VW-1461 

and M-249 are overruled where such opinions are in conflict 

herewith. 

-5854- 
Hon. Robert S. Calvert, page 4 (M-1199) 

3. Page III-16 for Alcoholic Beverage Commission which reads, "None of the funds 

appropriated hereinabove to the Texas 

Alcoholic Beverage Commission shall be 

expended for building rentals without 

the written approval of the Governor." 

This rider is invalid. M-1141. The provisions of 

Article 666b, Vernon's Civil Statutes, apply and Board of 

Control approval is necessary without this rider since it 

is pre-existing general law. 

4. Page III-51 for the Department of Corrections which reads, "It is further provided that none of the building appropriations made hereinabove shall be expended 

unless and until such time as the Department of Corrections shall have filed with 

the Governor and the Legislative Budget 

Board an orderly plan for meeting long 

range construction needs of the Department; 

and such funds shall be expended only upon 

approval of the Governor; provided, however, 

that copies of such requests for the Governor's approval, and notice of the Governor's action on such requests, shall be 

filed with the Legislative Budget Board." 

This rider is,valid as to informational filing, but is invalid as to approval by the Governor since it gives the chief 

executive a second veto power. M-1141 and M-280. 

5. Page III-51 for the Department of Corrections which reads, "Any unexpended 

balances remaining in projects under the 

respective items for Building Appropriations 

may, with the approval of the Governor, be 

transferred and used for the purposes of 

completing construction of other projects 

enumerated in the same item: provided, however, that copies of such requests for the 

Governor's approval, and notice of the Governor's action on such requests, shall be 

filed with the Legislative Budget Board." 

-5855- 
Hon. Robert S. Calvert, page 5 (M-1199) 

That portion of the rider requiring the Governor's approval is invalid: such approval cannot be required, but 

that portion requiring filing of information with Budget 

Board is valid. M-1141 and V-1254. The agency Board must 

vote the transfer of funds. 

6. Page III-53 for the Department of Corrections which reads, "The Department of 

Corrections is authorized to expend funds 

from the Mineral Lease Fund during the 

biennium beginning September 1, 1971, to 

acquire, by negotiation or condemnation, 

parcels of land solely within the perimeters of the Coffield Unit. Such expenditures, however, cannot be expended 

without the approval of the Governor. 

Notice of the Governor's action in such 

requests, shall be filed with the Legislative Budget Board." 

That portion of the rider requiring the Governor's approval is invalid; such approval cannot be required, but 

that portion requiring the filing of information with Budget 

Board is valid. M-1141 and V-1254. The agency Board must 

vote the transfer of funds. The old language of this item 

reguired approval of the Legislative Budget Board for expenditures. In Opinion V-1254 (1951) we held this violates 

the separation of powers (V-1254, pages 13-15). 

7. Page III-53 for the Department of Corrections which reads, "Any unexpended 

balances as of August 31, 1971, for the 

Department of Corrections in the general 

appropriations made by the Sixty-first 

Legislature, Second Called Session (House 

Bill No. 2) for the Center for Continuing 

Education in Corrections (Item No. 24, 

Page III-551 are hereby reappropriated to 

the Department of Corrections for the same 

purposes for the biennium beginning September 1, 1971. Provided, however, that 

such reappropriated funds shall be expended 

only upon approval of the Governor and that 

copies of such requests for the Governor's 

approval and notice of the Governor's actions 

on such requests shall be filed with the 

Legislative Budget Board." 

-5856- 
Hon. Robert S. Calvert, page 6 (M-1199) 

That portion of the rider requiring the Governor's approval is invalid: such approval cannot be required, but 

that portion requiring the filing of information with Budget 

Board can be required. M-1141 and V-1254. The agency Board 

must vote the transfer of funds. The old language of this 

item required approval of the Legislative Budget Board for 

expenditures. In Opinion V-1254 (1951) we held this violates 

the separation of powers (V-1254, pages 13-15). 

8. Page III-54 for the Board of Dental Examiners which reads, "Expenditures of operating appropriations made hereinabove to 

the Board of Dental Examiners shall be contingent upon said Board filing with the 

Comptroller by not later than the first 

day of each fiscal year cove.red by this 

Act, a list of all applicants for licenses 

to practice dentistry in this State and 

of all persons actually granted such licenses for the preceding twelve-month period, 

and the basis (whether by reciprocity, by 

clinical examination only, or by clinical 

and theoretical examination) upon which 

such licenses were granted." 

This rider is valid and is a simple condition which the 

Legislature has the power to impose in an appropriation act. 

9. Page III-77 for the Highway Department which 

reads "The Highway Department is authorized 

to rent or lease equipment of any kind except 

office machines and electronic computers. 

Office machines will be rented or leased with 

prior approval of the State Board of Control. 

Electronic computers will be rented or leased 

only with the approval of the Governor. This 

specific authorization shall be construed to 

be an exception to any prohibitions and restrictions in the General Provisions of this 

Act. 

This rider is valid as to Board of Control approval. Article 666b. This rider is invalid as to requiring Governor's 

approval, since such approval is not supported by general law 

and is a subject which should be covered by the general law. 

Further, we think Article 6252-12a is the current general law 

on this subject and gives the State Auditor duties in this 

respect. 

-5857- 
Hon. Robert S. Calvert, page 7 (M-1199) 

10. Page III-77 for the Highway Department which 

reads, "None of the funds appropriated to 

the State Highway Department may be expended 

for the construction of any District Office 

Building at a cost exceeding Sixteen Dollars 

($16) per square foot in construction costs, 

including engineering and architectural fees, 

and no building, regardless of type, containing more than ten thousand (10,000) square 

feet may be constructed without prior approval of the Governor." 

This rider is invalid. M-1141. 

11. Page III-98 for the Library and Historical 

Commission which reads, "Federal grants made 

to or received in Federal Public Library Fund 

No. 118 are hereby appropriated for the purposes for which such grants may be made; provided, however, that none of such moneys may 

be expended for personal services without 

the advance, written approval of the Governor. 

Such authorized classified positions shall 

be governed by the provisions of this Act relating to the Position Classification Plan." 

This rider is invalid. Article 6252-11, the Position Classification Act of 1961, governs this area. See also M-1141. 

WW-117 allows travel to be paid from this type of Federal 

funding. 

12. Page III-112 for the Parks and Wildlife Department which reads, "Any Federal grants, 

allocations or aids for the conservation and 

improvement of yame, fish and wildlife, or 

for improving, developing and planning public parks, or for any other program or activity under the statutory authority of the 

Parks and Wildlife Department, may be accepted and disbursed through the State Treasury by said Department for the purposes 

for which they were granted and are hereby 

appropriated for such purposes: provided, 

however, that expenditure of any such Federal grants, allocations, or aids shall not 

exceed the amounts shown in the schedule of 

-5858- 
Hon. Robert S. Calvert, page 8 (M-1199) 

appropriations hereinabove, or for purposes and programs not authorized by said 

schedule of appropriations; and shall have 

the prior written approval of the Governor." 

That portion of the rider requiring the Governor's approval is invalid. While Opinion M-266 concerns this fund, 

no question was there raised as to the validity of requiring 

prior approval by the Governor. We further hold that Article 4050d, V.C.S. is the general law pertaining to this 

subject and it does not authorize any Governor's approval. 

13. Page III-113 for the Parks and Wildlife Department which reads, "None of the funds appropriated above may be expended for the 

purchase or rental of additional electronic 

data processing equipment without the prior 

written approval of the Governor." 

We hold this rider invalid because Article 6252a, Vernon's 

Civil Statutes, is a general law on this subject and this law 

gives powers to the State Auditor: also invalid per M-280, 

and M-1141. 

14. Page III-113 for the Parks and Wildlife Department which reads, "None of the moneys 

appropriated hereinabove by the item, 'State 

Comprehensive Outdoor Recreation Plan - for 

updating Texas' comprehensive outdoor recreation plan,' may be expended without the 

prior, written approval of the Governor, on 

a budget which describes each character of 

personal services to be rendered, and none 

of the moneys in such appropriation item 

may be expended for reallocating to a higher 

salary group any position in the State's 

Position Classification Plan." 

We hold this rider invalid insofar as the expenditure requires the approval of the Governor, and without which the expenditure may in effect be vetoed by the Governor. Article 

6081r, Vernon's Civil Statutes, is the general law and it 

does not provide for Governor's approval; also see Opinion 

M-280. 

-5859- 
Hon. Robert S. Calvert, page 9 (M-1 199) 

15. Page III-113 for the Parks and Wildlife Department which reads, "None of the funds 

appropriated above may be expended on boats 

in excess of 20 feet in length without the 

prior written approval of the Governor; provided, that copies of such requests for the 

Governor's approval, and notice of the Governor's action on such requests, shall be 

filed with the Legislative Budget Board." 

This rider is invalid insofar as it requires the Governor's approval, (M-280), but is valid as to that portion which 

requires the filing of information with the Legislative Budget 

Board. M-1141. 

16. Page III-114 for the Parks and Wildlife Department which reads, "None of the funds 

appropriated above may be obligated for 

construction of buildings or residences 

each costing in excess of $5,000 without 

the prior written approval of the Governor." 

This rider is invalid, M-280. Sec. 5, of Article 6081n, 

Vernon's Civil Statutes is a general law giving the power to 

spend funds to the agency. 

17. Page III-115 for the Parks and Wildlife Department which reads, "The Parks and Wildlife Department is hereby authorized within 

the limitations of funds appropriated hereinabove for Exempt Positions and Salaries of 

Classified Positions, to establish new and/or 

reclassify existing salaried positions for 

the purpose of implementing all or parts of 

the Management Study completed on May 25, 

1970. Provided, however, that any changes 

in classified positions made for this purpose, shall have the prior approval of both 

the Classification Officer and the Legislative 

Audit Committee, and that any changes in 

exempt positions made for this purpose, shall 

have the prior approval of the Governor." 

This rider is invalid. Article 6252-11, Vernon's Civil 

Statutes, is a general law covering this matter. 

-5860~ 
18. Page III-125 for the Texas Rehabilitation Commission which reads, "It is also provided 

that, in the event of expansions of Federal 

programs, additional Federal funds becoming 

available may be used to employ additional 

personnel necessary to carry out the expanded 

programs, but only with the advance approval 

of the Governor; provided, however, that 

copies of such requests for the Governor's 

approval, and notice of the Governor's action 

on such requests, shall be filed with the 

Legislative Budget Board.* 

The requirement for informational filing for budget reasons is valid, but the approval by the Governor is invalid. 

M-208 and 1141. 

19. Page III-133 for Department of Public Safety 

which reads, "The Department of Public Safety 

is authorized to own and operate six (6) airplanes and seven (7) helicopters only. None 

of the funds appropriated above shall be expended for the purchase of airplanes or helicopters without the specific approval of the 

Governor. w 

This rider is invalid. M-280, M-280A, and M-1141. 

20. Page III-133 for Department of Public Safety 

which reads, "From the amounts appropriated 

out of the Operator's and Chauffeur's License 

Fund for the support and maintenance of the 

Department of Public Safety, an amount not 

to exceed One Hundred and Twenty Thousand 

Dollars ($120,000) for each year of the biennium beginning September 1, 1971, is hereby 

designated for the purchase of evidence and/ 

or information and surveillance expenses 

deemed necessary by the Department of Public 

Safety; ard accountability for expenditures 

as set forth above shall be governed by such 

rules and regulations as the Director of the 

Department of Public Safety may recommend, 

subject to approval by the State Auditor." 

-5861- 
Hon. Robert S. Calvert, page 11 (M-1199) 

This rider is invalid to the extent that the approval of 

the State Auditor is required over the rules and regulations 

as to expenditures. C-447 (1965). 

21. Page III-136 for Securities Board, which 

reads, "Emergency transfer of funds between 

Item 6, 'For salaries of classified positions, 

part-time and seasonal help, professional fees 

and,services and witness fees,' and Item 7, 

'Consumable supplies and materials, current 

and recurring operating expense (including 

travel) and capital outlay,' is authorized 

upon approval of the Governor." 

This rider is invalid only to the extent that it provides 

for the Governor's approval as a condition. 

22. Page III-141 for Texas Mass Transportation 

Commission which reads, "None of the moneys 

appropriated above may be expended without 

the prior approval of the Governor." 

This rider is invalid. M-280, M-280A, and M-1141. 

23. Page III-149 for Water Development Board 

which reads, "Those funds allocated by the 

Water Development Board under the appropriation for topographic mapping, water studies 

and investigations shall be used for ground 

water, surface water, chemical quality investigations, sediment sampling studies, 

playa lake modification studies, studies of 

the Little Wichita River and other West 

Texas streams, and the operation of evaporation stations, to implement the Upper 

Sabine Study Contract and shall include 

statistical compilations and hydrological 

and other studies and investigations by the 

State, or in cooperation or by contract 

with other govermental agencies, institutions or non-governmental entities, and 

may include hourly wages and contract services. Provided, however, that no such 

expenditures may be made without the prior 

written approval of the Governor on a 

-5862- 
Hon. Robert S. Calvert, page 12 (M-1199) 

budget for expenditures which describes each 

character and object or purpose of obligations 

to be incurred." 

This rider is invalid insofar as the Governor's approval 

is required. M-280, M-280A, and M-1141. 

24. Page III-160 for Department of Public Welfare 

which reads, "In the event of disaster or 

other unforeseeable contingency, there is 

hereby appropriated out of the Commodity 

Distribution Fund No. 39, an additional 

amount not to exceed $30,000 for the payment of salaries and wages, travel and other 

operating expenses, provided that expenditure 

of this additional appropriation must be approved in advance by the Governor, and any 

position titles and rates of pay required 

shall be approved by the State Classification 

Officer." 

This rider is invalid as an unauthorized delegation of 

power, and confers an unbridled discretion, without any standards or guidelines, upon the Governor. The requirement of 

the Governor's approval is also invalid. 

25. Page III-165 Special Provisions Riders, 

which reads, "It is further provided that 

none of the moneys appropriated in this 

Article may be expended for the rental of 

warehouse space in Austin, Texas, for the 

purpose of storing records or documents 

without the prior approval of the State 

Director-Librarian." 

Article 5435, 5441a, and 5441d, Vernon's Civil Statutes, 

contain the general law. This rider is surplusage insofar as 

it states the general law, and is invalid to the extent that 

it may conflict therewith. 

26. Page 1X1-165, Section 6, Subsection c, Special Provisions Riders, which reads, "Whenever the State Auditor determines that a 

Petty Cash Revolving Fund is desirable for 

-5863- 
Hon. Robert S. CalVert, page 13 (M-1199) 

a particular department or agency, the 

Comptroller of Public Accounts shall draw 

a warrant payable to a local bank on 

vouchers issued by the department or 

agency; provided, however, such initial 

vouchers must bear the approval of the 

State Auditor. Thereafter, such petty 

cash revolving fund in the local bank may 

be expended by checks signed by a bonded 

employee of the department or agency designated by the head of the department or 

agency to administer such fund. Disbursements from the petty cash revolving fund 

shall be reimbursed from appropriations made 

for the purposes for which the expenditure 

was made, and each expenditure from the 

petty cash revolving fund be supported by 

a cash disbursement voucher. In the event 

of an abuse or unwarranted use of any petty 

cash revolving fund, the State Auditor 

shall advise the Comptroller of Public Accounts to call in immediately the resources of such funds." 

This rider is invalid because it seeks to change the 

general laws on deposit of public moneys in the treasury 

without amending such statutes. 

27. Page IV-2 for Central Education Agency 

which reads, "The Texas Central Education 

Agency is authorized to employ personnel 

in Agency Administration only in the lineitem positions listed above and in those 

positions listed in the 'Schedule of 

Classified Positions, Agency Administration,' 

below. It is provided, however, that in 

the event of expansion of Federal programs 

or inauguration of new State-Federal programs the State's responsibility for which 

lies with the Central Education Agency, 

additional positions in excess of the number 

limitations in the 'Schedule of Classified 

Positions, Agency Administration' may be 

utilized, but only with the advance approval 

of the Governor." 

-5864- 
Hon. Robert S. Calvert, page 14 (M-1199) 

This rider is invalid to the extent that the Governor's 

approval is required, and the balance of the rider is valid. 

28. Page IV-13 for School for the Blind and School 

for the Deaf which reads, "However, such 

recommended salary rates in excess of the minimum amounts specified in said Senate Bill No. 

116, as amended, and the salaries of coaches 

and teachers of exceptional children, may not 

be paid without the advance written approval 

of the Governor: but such approved rates shall 

never exceed the rates of pay for like positions paid in the Austin public schools." 

This rider is invalid to the extent of requiring the Governor's approval, and the balance of the rider is valid. 

29 . Page IV-26 for the University of Texas at 

Austin which reads, "None,of the funds appropriated above to the University of Texas at 

Austin for the item 'Labor and Management 

Education and Research' may be expended until 

a committee is appointed by the President of 

the University of Texas at Austin to administer this program. This committee shall be 

composed of persons who represent either 

management or labor and the representation 

on this committee shall be equal between 

labor and management leaders from the State. 

The appointment of these members shall be 

approved by the Governor. The committee 

shall appoint a director who must be approved by both labor and management through 

their representatives on this committee." 

This rider is invalid because it amounts to general legislation in the Appropriation Act. 

30. Page IV-72 for Texas State Technical Institute which reads, "None of the funds appropriated above to the Texas State Technical Institute may be expended without the 

prior approval of an annual operating budget 

by the Governor; provided, however, copies 

of such requests for the Governor's action 

thereon, shall be filed with the Legislative 

Budget Board." 

-5865- 
Hon. Robert S. Calvert, page 15. (M-1199) 

This rider is invalid, C-441. 

31. Page IV-72 for Texas State Technical Institute which reads, "Any architectural fees 

paid from funds appropriated hereinabove shall 

have the prior written approval of the Governor." 

This rider is invalid, M-280 and M-280-A. 

32. Page IV-73 for Texas State Technical Institute which reads, "None of the funds appropriated hereinabove to Texas State Technical 

Institute may be expended for maintenance and 

operation of any aircraft without the prior 

written approval of the Governor." 

This rider is invalid. See M-280, M-280A, and M-1141. 

33. Page IV-al, Section 37, Special Provisions 

Relating to State Agencies of Higher Education which reads, "PRESIDENTS' HOMES. No 

funds appropriated by this Act may be used 

for the purpose of constructing a home for 

a president of any of the general academic 

teaching institutions named herein, without 

obtaining the approval of the Governor prior 

to obligating any funds for this purpose; 

provided, however, that copies of such requests 

for the Governor's approval, and notice of 

the Governor's action on such requests, shall 

be filed with the Legislative Budget Board." 

This rider is invalid because it constitutes general 

legislation. See M-280, 280-A, and M-1141. 

34. Page IV-al, Section 38, Special Provisions 

Relating to State Agencies of Higher Education which reads, "BUILDING CONSTRUCTION. 

Prior to the allocation, expenditure or encumbrance of any funds appropriated by this 

Act, including funds provided through Article 

VII, Sections 17 and 18, of the State Constitution, for individual building construction projects costing in excess of twentyfive thousand dollars ($25,000), other than 

-5866- 
Hon. Robert S. Calvert, page 16. (M-1199) 

classroom library and laboratory building 

projects, the planned expenditure of such 

funds shall be approved by the Governor: 

provided, however, that copies of such requests for the Governor's approval, and 

notice of the Governor's action on such requests, shall be filed with the Legislative 

Budget Board." 

This rider is invalid insofar as the Governor's approval 

is required. While the Legislature can require information 

filinq with the Governor and with the Legislative Budget 

Board; the requirement of the Governor's-approval is invalid. 

See N-280, 280-A, and M-1141. 

35. Page IV-82, Section 43, Special Provisions 

Relating to State Agencies of Higher Education which reads, "SALARY REPORTING. None 

of the funds appropriated to institutions of 

higher education by this Act shall be expended 

for payment of salary to any person whose salary is being supplemented from other than appropriated funds until a report showing the 

amount of salary being paid from other sources 

has been reported to the Secretary of State." 

This rider is valid and is a simple condition which the 

Legislature has the power to impose in an Appropriation Act. 

36. Page V-28 Salary Provisions which reads, "An 

employee whose classified position is reallocated by this Act to a higher salary 

group shall receive the step 1 rate in the 

higher salary group or the rate which he would 

have received had his classified position 

not been reallocated, whichever rate is higher. 

Provided, however, an employee whose classified 

position is reallocated by this Act to a higher 

salary group, may have his salary adjusted 

not more than two steps higher than otherwise 

provided by this section. Such additional 

adjustment shall be for the purpose of maintaining desirable salary relationships among 

employees in the affected positions, and shall 

have the prior approval of the Legislative 

Audit Committee." 

-5867- 
. 

Hon. Robert S. Calvert, page 17 (M-1199) 

This rider is invalid insofar as requiring approval of 

the Legislative Audit Committee. Article 6252-11 contains 

the general law on the subject of classified salary positions 

and to the extent that the rider is not in conflict therewith, it is otherwise valid. 

37. Page V-42, Section 15, Subsection b., 

Travel Regulations, which reads, 

"Employees of the Governor's office 

and employees of other State agencies 

designated by the Governor to represent him at govermental meetings or 

conferences when held out of the State 

shall receive actual meal, lodging, 

and incidental expenses. State officials and employees who travel to represent the Governor at governmental 

meetings or conferences may be reimbursed for their expenses out of appropriations made to the agencies by 

which they are employed." 

This rider is valid because it is a reasonable direction 

as to the use of appropriated funds. 

38. Page V-43, Section 18, Subsection a., 

Travel Regulations, which reads, 

"PASSENGER VEHICLES. None of the 

moneys appropriated in this Act may 

be expended for the purchase, maintenance or operation of a passenger car 

or of airplanes designed for passenger 

transportation unless authority to do 

so is stated by the language of this 

Act. Where such authority is stated, 

the purchase of an airplane, or the 

repair of an airplane, the cost of 

which is in excess of five thousand 

dollars ($5,0001, in any one fiscal 

year shall have the prior written approval of the Governor, and notice of 

such approval shall be filed with the 

Legislative Budget Board." 

This rider is invalid only to the extent of the requirement of the Governor's approval. Opinion M-999 isoverruled 

to that extent. 

-5868- 
Hon. Robert S. Calvert, page 18 (M-1199) 

39. Page V-44, Section 21, Other Provisions, 

which reads, "REPORTING APPEARANCES BEFORE 

FEDERAL AND STATE AGENCIES. The Governor's 

office may require agencies of the State 

of Texas appearing before Federal agencies 

or agencies of other states to submit in 

writing to the Governor the purpose of such 

meetings and expression of the policies of 

the State agency concerning the subject 

matter of the meeting. After reviewing the 

policies, the Governor may require the State 

agency to conform to the policies of the 

State of Texas as outlined by the Governor 

and the'Legislature before funds appropriated 

in this Act may be expended for necessary 

travel and other expenses connected with 

such appearances." 

This rider is invalid because it is general legislation 

in a state appropriation bill. 

40. Page V-46, Section 32, Other Provisions, 

which reads, "AUDITS. None of the appropriations herein made shall be used to employ 

any firm or person to audit the books of 

any department, board, commission, institution or State agency, this being the duty 

of the State Auditor; provided, however, 

that in any instances where the funds available to said State Auditor are not, in his 

judgment, sufficient for any requested or 

contemplated audit, the department head or 

heads having authority to disburse the 

appropriations herein made are hereby authorized to direct the State Comptroller to 

transfer from any appropriations to the 

appropriation herein made for the State 

Auditor the amount which in the judgment 

of the State Auditor is necessary for the 

purpose of making such audit." 

This rider is a valid authorization in implementation of 

the general law and duty of the State Auditor. 

-5869- 
. 

Hon. Robert S. Calvert, page 19 (M-1199) 

41. Page V-47, Section 38, O.ther Provisions, 

which reads, "TYPEWRITER, ADDING MACHINE 

AND CALCULATOR REPAIRS. Except for the 

State Highway Department and State Health 

Department which maintain their own typewriter repair service, all other agencies of 

the State with appropriations made in Article I, Article III, and the Coordinating 

Board, Texas College and University System, 

and the Central Offices of the Board of 

Regents, State Senior Colleges in Article 

IV of this Act and having either electric 

or manual typewriters located in Austin, 

shall have them repaired and maintained 

by the Board of Control. The Board of 

Control shall purchase all necessary repair parts and be reimbursed by the agencies 

for only the repair parts used. None of : 

the funds appropriated in Articles I and 

III of this Act shall be expended for repair or maintenance service on typewriters 

located in Austin without the prior authorization of the Board of Control. The 

Board of Control shall establish such rules 

of procedure as will effect an orderly and 

efficient program for repair and maintenance 

of State-owned typewriters in Austin under 

the control of agencies in Articles I and 

III of this Act. 

"All agencies of the State located within 

the Capitol Complex Area shall have all stateowned adding machines and calculators repaired 

and maintained by the Board of Control. The 

Board of Control shall purchase all necessary 

parts and be reimbursed by the agencies for 

only the repair parts used. None of the funds 

appropriated for this purpose to State agencies 

located within the Capitol Complex Area shall 

be expended for repair and maintenance of 

State-owned adding machines and calculators 

without the prior authorization of the Board 

of Control. The State Board of Control shall 

establish such rules of procedures as will 

effect an orderly and efficient program for 

.-5870- 
Hon. Robert S. Calvert, page 20 (M-1199) 

repair and maintenance of State-owned adding 

machines and calculators in Austin under 

control of agencies located within the Capitol 

Complex Area. State agencies located outside 

the Capitol Complex Area in Austin may utilize 

this adding machine and calculator repair 

service through interagency contract with the 

Board of Control." 

This rider is invalid because it constitutes general legislation. Article 664-3, Vernon's Civil Statutes contains the 

general law. 

42. Page V-48, Section 40, Other Provisions, which 

reads, "RENTED MACHINES AND EQUIPMENT. None 

of the moneys appropriated in this Act shall 

be used for the rental of any equipment which 

exceeds a rental cost of $1,000 per year 

(except for data processing equipment) without having the prior written approval of the 

Governor. Such approval shall be required 

before the request is processed by the Board 

of Control, and the State Comptroller or any 

localdisbursingofficer shall not issue 

warrants or checks in payment of equipment 

rentals without such prior approval. None 

of the moneys appropriated by this Act shall 

be paid to any seller who delivers any used 

or rented equipment in fulfillment of an 

order for new equipment, even though said 

equipment has been used by the agency 

placing the order. 

"It is further provided that none of the 

moneys appropriated by this Act may be expended for the purchase or rental of electronic tabulating or data processing equipment 

without the advance written approval of the 

Governor therefor. It is the expressed intent of the Legislature that existing tabulating and data processing installations of 

the State Government shall be efficiently 

utilized through interagency agreements with 

State departments and agencies needing such 

services, prior to the expenditure of public 

..5871- 
’ . 

Hon. Robert S. Calvert, page 21 (M-1199) 

funds for separate and additional installations of such equipment. Agencies requesting approval of the Governor for 

purchase or rental of this type of equipment shall file a detailed report outlining 

steps taken to utilize existing equipment 

and reasons why such utiliiation is not 

feasible." 

This rider is invalid because it constitutes general legislation and also invalidly delegates to the Governor legislative 

duties and authority. 

43. Pages V-51 and 52, Section 47, Other Provisions, which reads, "ATTORNEYS. From and 

after September 1, 1971, should a vacancy 

occur in any department or institution of 

higher learning, not otherwise exempted, in 

Articles III or IV of this Act in a position 

which has as its 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. 

"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 this Act 

may be expended for classified positions 

which function as hearings examiners unless 

the person filling such position has been 

licensed to practice law in the State of 

Texas. The Attorney General and State 

Classification Officer shall cooperate in 

carrying out the intent of this provision 

and shall report any violation to the Comptroller of Public Accounts who shall withhold any payments for the position in question until such violation has been corrected. 
Hon. Robert S. Calvert, page 22 (M-1199) 

Provided, however, that this provision shall 

not apply to such classified positions filled 

before the effective date of this Act. 

"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." 

This rider is invalid because the subject matter involved 

constitutes general legislation. To the extent that this holding conflicts with prior opinions, the same are hereby overruled to the extent of conflict. Those include C-449 (1965); 

C-485 (1965); C-782 (1966); M-249 (1968). 

44. Page V-55, Section 59, Other Provisions, 

which reads, "It is also provided that, in 

the event of expansions of Federal programs, 

additional Federal funds becoming available 

may be used to carry out the expanded programs, but only with the advance approval of 

the Gove,rnor; provided, however, that copies 

of such requests for the Governor's approval, 

and notice of the Governor's action on such 

requests, shall be filed with the Legislative 

Budget Board." 

This rider is invalid to the extent that it requires the 

approval of the Governor. 

45. Page V-51, Section 45, Other Provision,s, 

which reads, "BUILDING ALTERATIONS PROHIBITED. 

None of the funds appropriated in this Act 

may be expended for removing walls, partitions 

or any other permanent parts of the first and 

-5873- 
Hon. Robert S. Calvert, page 23 (M-1199) 

second State Office buildings, the Supreme 

Court building, the Archives and Inusrance 

buildings, and the Finance building, except for such renovations that may be necessary for new offices or departments moving 

into such buildngs, unless otherwise authorized and provided for elsewhere in this 

Act, or upon the approval of the State 

Board of Control." 

This rider is invalid and constitutes general legislation. 

Article 665, Vernon's Civil Statutes, is the general law on 

this subject and provides authority for the Board of Control 

to repair buildings. 

The above opinion concerning the various rider provisions of the appropriation bill about which our advice was 

requested intentionally expresses no view on whether the subject matter of the various riders might be validly enacted by 

some form of general legislation. 

It is our opinion that those riders discussed above which 

attempt to provide for an approval and an informational filing 

with the Budget Board express two distinct legislative intents, 

and that the second intent is severable from the first: however, except where the item of appropriation is contingent 

upon the filing being made [for example, item 8 above, page 

61 the language requiring the filing appears to us to be directory and not mandatory. 

SUMMARY ------- 

Forty-'five riders contained in the 1971 

General Appropriation Act are considered 

and passed upon as to validity. See 

this Opinion for specific riders. 

Prepared by Roger Tyler 

and John Reeves I 

Assistant Attorneys General 

-5874- 
Hon. Robert S. Calvert, page 24 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

J. C. Davis 

Harriet Burke 

Jack Sparks 

Roland Allen 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

(M-,1199) 

I 

-5875-