JIM MATTOX Attorney General
SupremecOunBuilding P.0. Box 12548 Aua!in. TX.ram,. 2548 5121475-2501 Telex 9101874-1357 Telecopier 5121475-0266

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An Equal OPPortunllYl Aflwnalwe Acl~on EmPloW 

# TheAttorney General ofTexas Aug,ust23, 1985

Eouorable BobBullock Comptroller of Public Accounts L.B.J. State Office Building Austiu, Texas 787i4 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 DearUr. Bullock: Youhave 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 thenGeneral Appropriations Act for the 1985-87 biennium. Section 86is a rider vhich provides that

None of the funds appropriated to departments and agencies mvered in Articles I through~IVshall be contractu,%lly~ obligated unless those employees who are responsible for entering into such contracts andfor 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, andshall be open to public inspection. You ask what, guidelines should be folloved regarding the

. . .~ financial scaremenl:s: ana inaetermlnlng which employees are required to file them. General principles that are relevant to your inquiry were summarized in 1972by Attorney General Opinion M-1199as follows:

An appropriation bill may detail, limit or restrict t,heuse of funds therein appropriated or otherwise! Insure that the appropriated moneywill be spent for the purpose intended. Moore v. Sheppard, lb4 Tex. 537. 192 S.W.Zd 559 (1946);

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Linden v. Finley, 9:!Tex. 4Sl. 19S.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 amendan existins general lav. State-v. Stehe, 57Tex. 203 (1882);

-- Linden v. Finley, zupta; Moorev. 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), ,I’;;,‘,” $l;% V-1196 (1951)‘, V-1254 (1947)3 - TheTexas SupremeCourt 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 mavnot 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 havesany interest, financ:itrl or otherwise, direct or indirect, or engae,ein anybusiness 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 'bteobserved by persons owing a responsibility tcl the people of Texas and the govermeut of tht! State of Texas in the performanceof 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 whorefuse 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 off.lcer, salaried appointed offleer, appointed officer of amajor state a$;ency, andexecutive head of astate agency.

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In addition, those persons rmdall 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 4of that Act specifiee the information which shall be Included in the financial statements. Arider 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. Theguidelines to be folloved in determining vhich employees must file financial statements andthe content of those statements. therefore, are the guidelines prwlded by article 6252-9b. Thepersons 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 Vhoare 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 andapprove the statement urder the provisions of the newrider. 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 andbe open to public inspection. SUMMARY

Arider attached to the General Appropriations Act cannot repeal, modify, amend, or conflict with an existing general law. Section 86of 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-ytruly’your 

# J&b

JIII MATTOX Attorney General of Texas

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TOM GREEN First Assistant Attorney Gencml DAVIDR. RICRABDS Executive Assistant Attorney General ROBERT

CRAP Special Assistant Attorney General RI'X GILPIN Chairman. Opinion Committee Prepared byNancySutton Assistant Attorney General APPROVED: OPINIONCOIQ4ITTEE Rick Gilpin, Chairman JonBible SusanGarrison TonyGuillory JimMoelllnger Jennifer Riggs NancySutton SarahWoelk BruceYoungblood .

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