The Attorney General of Texas 

August 17, 1983 

JIM MATTOX 

Attorney General 

Supreme Court Building 

I-. 0. BOX 12546 

Austin, TX. 76711. 2546 

5121475.2501 

Telex QlO/674-1367 

Telecopier 5121475.0266 

1607 Main St.. Suite 1400 

Dal,as. TX. 75201.4709 

2141742.6944 

4624 Alberta Ave., Suite 160 

El Paso. TX. 799052793 

9151533-3464 

r, 

1220 Dallas Ave.. Suite 202 

Houston, TX. 77002-6966 

7131650-0666 

606 Broadway. Suite 312 

Lubbock, TX. 79401-3479 

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McAllen, TX. 76501-1665 

5121662.4547 

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San Antonio. TX. 76205.2797 

5121225-4191 

An Equal Opporlunityl 

Affirmative Action Employel 

Robert Bernstein, M.D., F.A.C.P. 

Conrmissioner of Health 

Texas Department of Health 

1100 West 49th Street 

Austin, Texas 78756 

Opinion No. JM-64 

Re: Whether rider to general 

appropriations act violates 

article III, section 35 of the 

Texas Constitution 

Dear Dr. Bernstein: 

You ask whether a rider in the current general appropriations act 

satisfies article III, section 35 of the Texas Constitution, which 

prohibits the enactment of general legislation in an appropriations 

act. The rider you refer to provides the following: 

None of the Ul0*ep appropriated to the 

Department of Health and Department of Mental 

Health and Mental Retardation may be expended for 

the training or medical treatment, except in 

emergencies, of any student or patient who is not 

a citizen or resident of this state. For the 

purpose of this provision, affidavits from two 

reputable persons shall be deemed adequate 

evidence of citizenship or residency. (Emphasis 

added). 

Acts 1981, 67th Leg., ch. 875, §Ze(l), at 3604. 

While Attorney General Opinion MW-538 (1982) addresses issues 

related to this rider, it does not specifically examine it in light of 

article III, section 35. Having applied the standards of that 

constitutional provision to the instant rider, we find that it meets 

the requirements of article III, section 35. 

The principles relevant to the present inquiry are succinctly 

summarized in Attorney General Opinion M-1199 (1972) 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. [sic] 144 Tex. 537, 192 S.W.2d 559 

(1946); Linden v. Finley, 92 Tex. 451, 49 S.W. 578 

p. 276 
Dr. Robert Bernstein - Page 2 (JM-64) 

(1899); Attorney General's Opinions O-445 (1939), 

V-1253 (1951), V-1254 (1951), 2959 (1935). V-1196 

(1951). 

A rider attached to the general appropriation 

bill cannot repeal, modify or amend an existing 

general law. S;ate-v. Steele, 57 Tex. 203 (1882); 

Linden v. Finley, m; Moore v. Sheppard, supra; 

Attorney General's Opinions 1745 (1917), 2787 

(1929), 2965 (1935). 2970 (1935), O-445 (1939), 

O-1837 (1940). O-2573 (1940), O-5329 (1943), V-412 

(1947), V-894 (1949), V-1196 (1951), V-1254 

(1951), M-1141 (1972). 

You do not challenge the propriety of the first sentence of the 

passage presented for our consideration, and we believe it does comply 

with the principles set out above. You contend that the second 

sentence of the passage 

is an attempt to enact general law by establishing 

evidentiary criteria to limit the authority of 

this department to require proof of residency 

beyond the two affidavits standard recited in the 

[rider]. 

; * * 

However, you have not cited nor have we found any authority 

beyond the first sentence of the rider itself regarding the Department 

of Health's responsibility to determine citizenship or residency. See 

Attorney General Opinions H-556 (1975); H-156 (1973). It appears that 

the second sentence is merely an explanation or definition of what 

constitutes citizenship or residency for the purpose of the first 

sentence. Therefore, it meets the test of being necessarily connected 

with and incidental to the appropriation and use of funds and neither 

conflicts with nor amounts to general legislation. Attorney General 

Opinions V-1253, V-1254 (1951). 

4 

SUMMARY 

A rider in the current General Appropriations 

Act concerning citizenship or residency does not 

violate article III, section 35. of the Texas 

Constitution. 

JIM MATTOX 

Attorney General of Texas 

p. 277 
/,, 

Dr. Robert Bernstein - Page 3 (JM-64) 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Colin Carl 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Acting Chairman 

Jon Bible 

David Brooks 

Colin Carl 

Jim Moellinger 

p. 278