### EATTOECNEY GENE
FTEXAS

Honi Wi,S.,Heatly,Chairman AppropriatiohsCominittee HoUse of Representatives u Austin, Texas Opinion No. C- 

### 447

Re: Validity of a "rider" in the GeneralAppropriation Bill to authorize and requirepre-audit procedures by the Comptrollerof Public Accounts of claims Dear RepresentativeHeatly: against the State.

You? request for an opinion reads as follows:

"HouseBill No. 12, 59th Legislature, 

### 1965, the GeneralAppropriationsBill for the 

### 1966- 1967bienniumj contains the followingprovisions (in,Aeticle

### 5, Section 

### 57, INTERPRETATION CF LEGISLATIVE INTENT): 'Itis specificallyprovided; however, that none of themonies tippro- @Fiat&d by thisAct may be expended to pay the claim of any person against the State unless and until such claim has been pre-audited by the Comptroller of Public Accounts, and no claim shall be approved by the Comptroller for payment frOn,the appropriationsmade herein except it be fdr an authorizedpublic purpose for which an appropr+ation has been made. "Pre-audit"as used in this paragraph shallmean an examination of a claim prior to payment for its validity, accuracy of facts5 and availability of appropriation. In suchpie-audits of claims properly submitted to him+ the Comptroller shallmake such individual fact findingas he deems necessary to safeguard the rights of the State and to comply with Legislative intent as,evidenced by thisparagraph. It is also the intent of the Legislature that State agencies for which appropriationsare made by this Act shall assist the Comptroller in suchpre-audits

-2122-Hon. W. S. Heatly, page 2 

### (C-447)

by furnishinghim with records, information;and other data necessary to audit properly any claim against the appropriation hereinmade. However, nothing in thisparagraph 'shall be construed to give the Comptroller the right to refuse to pass for payment a legal claim, factually justified, for which a valid appropriationhas beenmade.' This provision incorporates the intent of Senate Bill No. 233 which failed to pass in the House of Representativesduring this session.
"The Committee onAppropriationshas requested me to ask for your opinionas to the constitutionality of the provision. Is such a provision germane to an appropriationsbill? Does it attemot to con dition or limit the expenditure of funds, or does it attempt to amend pre-existing law?"

"rider" In determining the validity of the proposed language of a as set out in your request,we are governed by the principles of law announced in the authorities cited in Attorney General's Opinion 

### C-443. c-443: It was stated in Attorney General's Opinion

"It is well established that general legislation cannot ,beincludedwithin a general anoronriation bill. Moore v. 2d 

### 599 (u346~*Att Sheppard, 1421 Tex. 

### 537; 152 S.W. (1951)and wig6 (YE%. General's OpinionsV-1254 In addition, it is also well established that a 'riderin a general approoriation bill cannot reaeal.modifa or amend an existing general law. 

### 80,Co&y v. Daughters of the Republic, 

### 106Tex.

. V. Finley, 92 Tex. 

### 451, 139 b E:!: 

### 57i 19 1899 13 i Linden State v. Steele, 

### 57 Tex. 

### 203 (18821,; Attorney Gene- -'-Nos. V-1254 

### (1951)and

### ww-96 (1957). Oplnlons

II

. . . "In view of the :f.aregoing authorities,we are of the opinion that the 'ri.der' appearing in the GeneralAppropriationX11, House Bill 12 of the 59th Legislature,at Section 4, ,page 

### V-33,which would purport to provide for themandatory retirement at age seventy 

### (70)of statutory officersand employees of the State of Texas is invalid for the reason that such 'rider'would have the effect of repealing ormodifying the provisions of Article 6252-14. In addition to the foregoing,we are of the further opinion that the aforesaid 'rider'falls 

### -2123-Hon. w. S. 

### Heatly,Page 3 

### (C-447)

within the classification of being general legislation and is, therefore,not properly includedwithin a general appropriationbill.'
Under the existingprovisions of the Constitutionand' statutes of the State, valid and legal obligations of the State are required to be paid from appropriations'madefor the purpose of paying such claims. In other words, if a claim against the State of.Texas is supportedby pre-existing law in compliance with Section 44 of Article III of the Constitution of Texas, and there are available valid appropriations from which such claim may be paid, the Comptroller of Public Accounts is required to ;;~;l;,",

warrant to pay such claim when presented to the Comp-

. The procedure of the Comptroller in auditing claims and issuing warrants in payment of such claims is prescribed in Article 

### 4357,Vernon's Civil Statutes. The provisions of Article 

### 4357 do not provide for a pre-audit as defined in the language set out in your request and this officehas been unable to find any constitutional or statutoryprovision requiring the Comptroller to determine "the accuracy of facts" contained in a claim presented to the Comptroller for payment. General's Opinion 

### c-69 (1963)it was stated: InAttorney

"Inpassing upon the authority of the Texas Youth Council to procure renthousing for such businessmanagers under a similar legislativemandate, Attorney General's Opinion

### w-760 (1959)stated: "*Sinceyour opinion request states that no housing is available at the Crockett School, and the Legislature did not specify that a house was to be built by the Texas Youth Council, and did not provide funds for erecting a building, and it is clear that it intended that the Business Manager of Crockett School was to be housed at the State's expense, it is our opinion that the Texas Youth Council may provide a house for the BusinessManageof this School by paying a reasonable amount of rent for such housing.
"'The Question as to the Comptroller's authoritv to issue warrants in oarment of such rent is also answered in the affirmative. The Comptrollerhas only theministerial duty of issuing the State warrants.' (Emphasisadded)."

-212$-Hon. W. S. Heatly, page 4 (C-

### 447)

Therefore, the language contained in the proposed "rider" set out in your requestwouldmodify or amend the existing general law'providing for the auditing of claims and the ,issuing of warrants by the Comptroller of PublicAccounts. Purthermbre, such language, in our opinion, falls within the classification of being general legislation and therefore is not proper ly includedwithin a general appropriationbill.
SUMMARY
A proposed "rider" to provide for "preaudit" procedures by the Comptroller of Public Accounts of claims against the State of Texas, whe,rebythe Comptroller is required,among other things, to determine "the accuracy of facts" contained in such claim,modifies existing statutory provisions regarding the auditing of claims and the Issuance of warrants and constitutesa subject for general legislationand is therefore invalid, since such provisions cannot properly be includedwithin a general appropriationbill.

Yours very truly,
WAGGONER CARR Attorney General

John Reeves Assistant JR:ms
APPROVD:
OPINION COMMI'ITEE
W. V. Geppert, Chairman Pat Bailey Brady Coleman W. 0. Shultz Marietta Payne
APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone

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