JIM MATTOX 

Attorney General 

Supreme cOun Building 

P. 0. Box 12548 

Aua!in. TX. ram,. 2548 

5121475-2501 

Telex 9101874-1357 

Telecopier 5121475-0266 

714 Jackson. Suila 700 

Dallas. TX. 752024XJQ 

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El Paso. TX: 79905.2793 

91 Y533-34&( 

1001 Texas. Stile 7M) 

Hous,on. TX. 77002~3111 

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Lubbock. TX. 794013479 

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McAllan. TX. 785obm35 

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200 Main Plaza. Suile 400 

San Antonio. TX. 78205-2797 

51212254191 

An Equal OPPortunllYl 

Aflwnalwe Acl~on EmPloW 

The Attorney General of Texas 

Aug,ust 23, 1985 

Eouorable Bob Bullock 

Comptroller of Public Accounts 

L.B.J. State Office Building 

Austiu, Texas 787i 4 

Opinion No. JM-343 

Re: Applicability of article V. 

section 86 of the General Appropriations Act, which requires the 

filing of financial statements by 

state employees 

Dear Ur. Bullock: 

You have asked for the opinion of this office as to the applicability of article V. section ,86 of Rouse Bill No. 20. Sixty-ninth 

Legislature,~ which is then General Appropriations Act for the 1985-87 

biennium. Section 86 is a rider vhich provides that 

None of the funds appropriated to departments and 

agencies mvered in Articles I through~ IV shall be 

contractu,%lly~ obligated unless those employees who 

are responsible for entering into such contracts 

and for approving such expenditures have completed 

financial disclosure statements and these financial statsmeuts have been reviewed and approved by 

the board or co~issioa to which each employee is 

responstblc. All financial statements shall be on 

file in the administrative offices of the respective depwtaent or agency, shall be submitted to 

the respcmsible board or connaission for approval 

annually, and shall be open to public inspection. 

You ask what, guidelines should be folloved regarding the 

. . .~ financial scaremenl:s: ana in aetermlnlng which employees are required 

to file them. 

General principles that are relevant to your inquiry were 

summarized in 1972 by Attorney General Opinion M-1199 as follows: 

An appropriation bill may detail, limit or 

restrict t,he use of funds therein appropriated or 

otherwise! Insure that the appropriated money will 

be spent for the purpose intended. Moore v. 

Sheppard, lb4 Tex. 537. 192 S.W.Zd 559 (1946); 

p. 1563 
Aonorable Bob Bullock - P~gr 2 (~~-343) 

-~ - 

Linden v. Finley, 9:! Tex. 4Sl. 19 S.W. 578 (1899); 

Attorney General’s Cipinioos O-445 (1939). V-1253 

(1951). V-1254 (1951:1, 2959 (1935). V-1196 (1951). 

A rider attached to the general appropriation 

bill cannot repeal, modify or amend an existins 

general lav. State-v. Stehe, 57 Tex. 203 (1882); 

-- 

Linden v. Finley, zupta; Moore v. Sheppard, ~upfa, 

Attorney General’s Opinions 1145 (1917). 2787 

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

O-1837 (1940), O-2573 (1940). O-S329 (1943). V-412 

(1951), (1947) ,I’;;,‘,” $l;% V-1196 (1951)‘, V-1254 

3 - 

The Texas Supreme Court has c.onstrued article III. section 35 of the 

Texas Constitution to proh1,bit general legislation in the general 

anurovriation ~.. bill. It is vs’ll settled that a rider mav not conflict 

. 

vith general law. -See, Jessw Associates, Inc. v. Bullo&, 531 S.U.2d 

593. 600 (Tex. 1975);Atsi;r General Opinions m-167 (1984): MW-104. 

w-51 (1979). 

Article 6252-9b. V.T.C.S., is general law on the subject of 

financial statements ‘by state officers and employees. Section 1 

states that 

It is the policy of the State of Texas that no 

state officer or tstate employee shall haves any 

interest, financ:itrl or otherwise, direct or 

indirect, or engae,e in any business transaction or 

professional actilrity or incur any obligation of 

sny nature which is in substantial conflict vith 

the proper dischar:ge of his duties in the public 

interest. To implement this policy and to 

strengthen the faith and coufidence of the people 

of Texas in theL:c state gwenment. there are 

provided standar 3:s of conduct and disclosure 

requirements to 'bte observed by persons owing a 

responsibility tcl the people of Texas and the 

govermeut of tht! State of Texas in the performance of their official duties. It is the intent 

of the legislature: that this Act shall seme not 

only as a guide for official conduct of these 

covered persons but also as J basis for discipline 

of those who refuse to abide by its term. 

Section 3(a) of that Ethicrl Act lists the persons vho are required to 

file financial statements with the secretary of state. The list 

includes every elected of f.lcer, salaried appointed off leer, appointed 

officer of a major state a$;ency, and executive head of a state agency. 

p. 1564 
,Rooorablc Bob Bullock - Page :I (JM-343) . - 

In addition, those persons rmd all other state employees are subject 

to the standards of conduct of section 8 of the Ethics Act. See 

Attorney General Opinions H-2b9, H-255 (1974). Section 4 of that Act 

specifiee the information which shall be Included in the financial 

statements. 

A rider relating to fi~mcial statements by state employees that 

Is merely declarative of existing law Is not invalid. Eence. it is 

our opiniou that the 1egis:lature intended the rider in question to 

implement the general law of article 6252-9b. Any broader construction would cast serious doubt upoo the constitutionality of section 

86. 

The guidelines to be folloved in determining vhich employees must 

file financial statements and the content of those statements. therefore, are the guidelines prwlded by article 6252-9b. The persons who 

must file statements under section 86 are those lieted in article 

6252-9b vho are also responsible for entering into agency or depart-, 

ment contracts and for applovfng expenditures thereunder. To comply 

with both article 6252-9b and the rider in the Appropriations Act, 

such persons Vho are in departments or’ agencies covered by articles 

I-IV of the Appropriations ,b:t should file a financial statement vith 

the secretary of state and ;annually submit a financial statement to 

the board, commlssion, or appropriate administrator vho will review 

and approve the statement urder the provisions of the new rider. This 

filing requirement Is not umonstitutionally inconsistent with article 

6252-9b. See V.T.C.S. art. b252-9b. 99(a); Attorney General Opinion 

M-1199 (19‘-i;ir. A copy of the financial statement should remain on 

file in the department’s or agency’s administrative office and be open 

to public inspection. 

SUMMARY 

A rider attached to the General Appropriations 

Act cannot repeal, modify, amend, or conflict with 

an existing general law. Section 86 of article V 

of Rouse Bill No., 20, Sixty-ninth Legislature. 

does not do so; it merely implements article 

6252-9b, V.T.C.S. Guidelines applicable to that 

rider are the ,+delines provided by article 

6252-9b. 

Vet-y truly’your J&b 

JIII MATTOX 

Attorney General of Texas 

p. 1565 
Ronorsble Bob Bullock - Page 11 (a-343) 

TOM GREEN 

First Assistant Attorney Gencml 

DAVID R. RICRABDS 

Executive Assistant Attorney General 

ROBERT CRAP 

Special Assistant Attorney General 

RI'X GILPIN 

Chairman. Opinion Committee 

Prepared by Nancy Sutton 

Assistant Attorney General 

APPROVED: 

OPINION COIQ4ITTEE 

Rick Gilpin, Chairman 

Jon Bible 

Susan Garrison 

Tony Guillory 

Jim Moelllnger 

Jennifer Riggs 

Nancy Sutton 

Sarah Woelk 

Bruce Youngblood 

. 

p. 1566