EATTOECNEY GENE 

FTEXAS 

Honi Wi,S.,Heatly, Chairman 

Appropriatiohs Cominittee 

HoUseu of Representatives 

Austin, Texas 

Opinion No. C- 447 

Re: Validity of a "rider" in 

the General Appropriation 

Bill to authorize and require pre-audit procedures 

by the Comptrollerof Public Accounts of claims 

Dear Representative Heatly: against the State. 

You? request for an opinion reads as follows: 

"House Bill No. 12, 59th Legislature, 1965, 

the General Appropriations Bill for the 1966- 

1967 bienniumj contains the following provisions (in,Aeticle 5, Section 57, INTERPRETATION 

CF LEGISLATIVE INTENT): 'It is specifically provided; however, that none of the monies tippro- 

@Fiat&d by this Act 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 appropriations made herein except it be 

fdr an authorized public purpose for which an appropr+ation has been made. "Pre-audit" as used 

in this paragraph shall mean an examination of a 

claim prior to payment for its validity, accuracy 

of facts5 and availability of appropriation. In 

such pie-audits of claims properly submitted to 

him+ the Comptroller shall make such individual 

fact finding as he deems necessary to safeguard 

the rights of the State and to comply with Legislative intent as, evidenced by this paragraph. It 

is also the intent of the Legislature that State 

agencies for which appropriations are made by this 

Act shall assist the Comptroller in such pre-audits 

-2122- 
Hon. W. S. Heatly, page 2 (C-447) 

by furnishing him with records, information; and 

other data necessary to audit properly any claim 

against the appropriation herein made. However, 

nothing in this paragraph 'shall be construed to 

give the Comptroller the right to refuse to pass 

for payment a legal claim, factually justified, for 

which a valid appropriation has beenmade.' This 

provision incorporates the intent of Senate Bill 

No. 233 which failed to pass in the House of Representatives during this session. 

"The Committee on Appropriations has requested 

me to ask for your opinion as to the constitutionality of the provision. Is such a provision germane 

to an appropriations bill? 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 ,be included within a general anoronriation bill. Moore v. 

2d 599 (u346~* Att 

Sheppard, 1421 Tex. 537; 152 S.W. 

(1951) and wig6 (YE%. 

General's Opinions V-1254 

In addition, it is also 

well established that a 'rider in a general approoriation bill cannot reaeal. modifa or amend an 

existing general law. 

80, 

Co&y v. Daughters of the 

Republic, 106 Tex. . 

V. Finley, 92 Tex. 451, 

1 39 bE:!: 57i 19 1899 13 

i 

Linden 

State 

v. Steele, 57 Tex. 203 (18821,; Attorney Gene- 

-'-Nos. Oplnlons V-1254 (1951) and ww-96 (1957). 

II 

. . . 

"In view of the :f.aregoing authorities, we are 

of the opinion that the 'ri.der' appearing in the 

General Appropriation X11, House Bill 12 of the 

59th Legislature, at Section 4, ,page V-33, which 

would purport to provide for the mandatory retirement at age seventy (70) of statutory officers and 

employees of the State of Texas is invalid for the 

reason that such 'rider' would have the effect of 

repealing or modifying 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 included within 

a general appropriation bill.' 

Under the existing provisions of the Constitution and' 

statutes of the State, valid and legal obligations of the State 

are required to be paid from appropriations'made for the purpose 

of paying such claims. In other words, if a claim against the 

State of.Texas is supported by 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 office has been unable to 

find any constitutional or statutory provision 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: 

In Attorney 

"In passing upon the authority of the 

Texas Youth Council to procure rent housing 

for such business managers under a similar 

legislative mandate, Attorney General's Opinion w-760 (1959) stated: 

"*Since your 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 Business Manageof 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 Comptroller has only the ministerial duty of issuing 

the State warrants.' (Emphasis added)." 

-212$- 
Hon. W. S. Heatly, page 4 (C- 447) 

Therefore, the language contained in the proposed "rider" 

set out in your request would modify or amend the existing 

general law'providing for the auditing of claims and the ,issuing of warrants by the Comptroller of Public Accounts. Purthermbre, such language, in our opinion, falls within the classification of being general legislation and therefore is not proper 

ly included within a general appropriation bill. 

SUMMARY 

A proposed "rider" to provide for "preaudit" procedures by the Comptroller of Public 

Accounts of claims against the State of Texas, 

whe,reby the 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 constitutes a 

subject for general legislation and is therefore 

invalid, since such provisions cannot properly 

be included within a general appropriation bill. 

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 

-2125-