July 29, 1963 

Dr. M. H. Crabb 

Secretarv. Texas State Board 

Medical Examiners 

Medical Arts Building 

Worth 2, Texas 76102 

Opinion No. C- 113 

Fort 

Re: Validity of 

Section 2ab 

86, Acts of 

R.S., 1963. 

Article II, 

of House Bill 

the 58th Leg., 

Dear Doctor Crabb: 

We are in receipt of your opinion request regarding 

the constitutionality or validity of a portion of the appropriation bill of the 58th Legislature which may affect the 

Texas State Board of Medical Examiners. The section cited above 

appears as a rider to the appropriation act and is worded as follows: 

"b . None of the moneys appropriated to the 

Hospital Board or to Institutions under its jurisdiction by this Article may be expended for 

salaries of persons assigned to positions entitled 

'Medical Technician' as shown in this Article, unless such persons are licensed to practice medixne 

by other States or Nations but have not yet been 

licensed as physicians under the law of this State. 

This provision shall t be construed to prohibit salary payments?0 qualified phy%?ks recrulted from other states who are eligible for 

license In Texas, and,notwlthstanding the requirements of the State Board of Medical Examiners, such 

physicians shall be given a reasonable time to be 

determined by the Hospital Board to secure a Texas 

'license to practice medicine." (Emphasis added). 

Section 35 of Article III of the Constitution of Texas 

states as follows: 

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Dr. M. H. Crabb, page 2 (c-113 ) 

“Sec. 35. 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, 

which shall be expressed in its title. But if any 

subject shall be embraced in an act, which shall not 

be expressed In the title, such act shall be void 

only as to so much thereof, as shall not be so expressed." 

If Section 28b of Article II of the appropriation bill 

merely limits in some way the distribution of state money for 

certain purposes and under certain enumerated conditions which 

are incidental to the appropriation, then the rider is valid. If 

the rider contains language which amounts to general legislation, 

or conflicts with or modifies existing general legislation then 

the rider must be declared Invalid. Moore v. 

537, 192 S.W.M 559 (19’+6). 

Sheppard, 144 Tex. 

The rider in question contemplates that a physician will 

be employed as a "Medical Technician"; therefore we are not required 

to ascertain whether or not he will perform any of those acts enumerated in Article 4510 as the practice of medicine. 

Article 4500 of Vernon's Civil Statutes states In part 

as follows: 

"The Texas State Board of Medical Examiners 

may, in its discretion, upon payment b 

cant of a fee of One Hundred Dollars ( $ 

an appli100) grant 

a license to practice medicine to any.reputable 

physician who is a citizen of the United States 

.and to llcentlates of other State or Territo&es having requirements for medical registration and practice equal,to those established by 

the laws of this State. . . ." (Emphasis added). 

Article 4500 has long been construed to mean that the 

Hoard of Medical Examiners must use Its own "discretion" In deciding whether to grant a license to practice in Texas to licentlates of other states. 

(1939). 

Attorney General's Opinion No. 0-1556 

~The rider to the appropriation act does not afford the 

Hoard the discretion previously given it by Article 4500. Under 

the provisions of the rider the medical technician cannot be paid 

unless he does not have a license to practice in Texas. The rider 

then proceeds t=hange the existing requirements of Article 4498 

(whereby each practitioner must have a certificate issued by the 

Hoard), and allows the Hospital Hoard to, in effect, suspend the 

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_. 

. . 

Dr. M. H. Crabb, page 3 (C- 113 ) 

terms of Article 4498 for. "a reasonable time to be determined by 

the Hospital Board." 

The said Article 4498 states in part as follows: 

"It shall be unlawful for any one to practice 

medicine, in any of its branches, upon human beings 

within the limits of this State who has not registered 

in the District Clerk's office of every County in 

which he may reside, and In each and every County in 

which he may maintain an office or may designate a 

place for meeting, advising with, treating in any 

manner, or prescribing for patients, the certificate 

evidencing his right to practice medicine, as i 

to him by 

ssued 

th e Texas State Board of Medical Examiners, 

. . . (Emphasis added). 

We therefore advise you that Section 28b of Article II 

of House Bill 86 of the 58th Legislature is unconstitutional. It 

attempts to abrogate or amend the general law requiring physicians 

who practice medicine In Texas to obtain a certificate from the' 

Texas State Board of Medical Examiners pursuant to Article 4498. 

The caption to House Bill 86 is as follows: 

"AN ACT appropriating money for the support 

of the Judicial, Executive, and Legislative branches 

of the State Government, for the construction of 

State buildings, the payment of claims against the 

State, and for State aid to public junior colleges, 

for the two-year period beginning September 1, 1963, 

and ending August 31, 1965; authorizing and prescribing conditions, limitations, rules and procedures for allocating and expending the appropriated 

funds; and declaring an emergency." 

Neither the title of Section 28 (Compensation Rules), 

nor the caption of the bill would put anyone on notice that an 

exception was being made to the requirements for the practice 

of medicine in Texas. 

eral's Opinions Nos. 

Attorney GenWW-253 (1957); WW-1152 

: v-1263 (1951); 

SUMMARY 

Section 28b of Article II of House Bill 86 of 

the 58th Legislature Is Invalid to the extent that 

it attempts to alter or amend the general law regarding the practice of medicine by way of a rider to the 

appropriation bill. 

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Dr. M. H. Crabb, page 4 (C- 113) 

Yours very truly, 

~~~~~ 

Fred D. Ward 

Assistant 

FDW:wb:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

W. 0. Shultz 

Wayne Rodgers 

Paul Phy 

APPROVEDFOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

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