OI+FICEOFTHEAI7ORNEY GENERALOFTEXAS
**AUSTIN**



## ,/’

Bonorebla Waltsr C. Woodward, Ohairman 

### Boardof InamranaeComisaf,onera Anetfn, Tsxes 

### /.Honorable Walter C. Koodward, Chairman, Page 2

prlatlon? In other words, if the aotual expens88 neceaeary for oarryiug on the Razinlng Dlviaion 

## r0r the itam 0r statlonsry and printing 

### is inexoeaaor $300.00 (the amount shuwu aa Item 1) under the tema of the rider la the Board authorized to disburse addltlonal amounts
ror stationery and prlntinS whare the funds are available?"

Imaedlately followlug the lt8mized appropriation

ror the exemlnlng division or the Board or Insuranoe commissioners in the appropriation 

### bill appears the apeolal rider rererred to in your letter whlah reads:

*For the purposes of paying the foragoing exatulnationexpense and auoh expanse as la n88- eesary lnafdent to the ezaminatlon wark and the payment of the ealarles of any additional examiners. steno raphers, clerks and suoh help
as is neoeseary fn the administration of the exednlng dlrlalon (protided any additional wn

### ployeeapsrfoting similar work to 

### thepositlone designated hereinabove shall not reaeive a greater auraof oompensatlon than 

### thatherein 

### prwlded), and for defrayirn~all other expense8 neaensery for the admlnlstratlon or the provisiona or Chapt8r 162 of the General Lawa or the Begnlar Sesalon of the Forty-Sourth Legialatura, and any end all aumndxzentathereto, and aa amand& by Senate Bill 387, Aote Regular Session of th6 Forty-Sixth Legislatum, 1939, there la hereby appropriated all fees and eaesfments aolleated under authority of said Examlntng Law, togethsr dth any balanoes at ths and of a preoedlng finaal y8ar, for eaoh of the tisoal years ending Auguat.31, lQ+O,,and August 31, 1941. The heed of'the departm8nt shall make applioatlon to the Board of Control and reaeirs its approval in writing berora emplopQea, other than t&tee itemfzed in the appmprietlon bill, 

### are smploped. 

### Saidapplfoationshall set out ths,reaso% and neoaeeity for the 

### employmentOS the addltiBna1 

### employees."

**We** note the statement %n your letter *that the 

### itemizedlist of appropriationa oontafned every purpoas for whloh the eramining division fund oould possibly be 

### expended*. Your inquiry, thereion, la dlreotetlto theHonorable Walter C. WoodWard, Chairman, Page 3

question 0s Whether the Board 0s InSUranO8 Commlsalon8re may expend from examining 

## rms expenseitems In 8~08sa 0r th8 madmum amount therefor SP8Oiff~lly lfsted in the approprlatlon bill.

Under the rider above quoted, this department held in Opinion Ro. O-1176, that by oomplping with the terms 0s the rider the Board 

## 0s fneuranoe Oommisaloners Is authorized to arpployadditional neoessary employees and pay their ccaapeneationfrom the speolal funda areatsd by Article8 4690a and 4690b. Complianoe tith the terms or th8 rider, as to th8 euplOJmant Of additional smployees, required the Board of Insurance Commiesfoners to make application to the Board of Control 

### thsxeforand 

### to reoeirs in writing the approval Of the Board.

It is observed that this special rfder appr0prlat8S such solpBfr0m the 8remining **fUadS,** COl.leOt8das fees and asaessmenta under.authorlty of the examining law ‘for the purpose of 

### payingthe foregoing examlaatlon expenae8, which is, Or oourse, the expenses listed 

### kIUn8diet8ly above; and, further, appmprlates saoh runds 

### for the purpose or paying Ysuoh e-ens8 ae is neoessary inoident to the examination Work and the payment 

## 0s the salaries 

## 0s any addltional eramlners,~stenographers, olerks,and 

### suchhelp es 

### Is neoessary in the administration 

### Of the 

### exaa&lng dlrlslon*. The~.err&t 

## 0s this flrat quoted prwl8lon 

### 0s the apecfel rider is clear. Th8 pX?Opar OOMkrnOtiOn Of the eeoond quoted provlslon, above, 

### le. in our aplnnion,that stmh sums out oi .theelcaminlngfunds areappropriated 

### aa will be necessary to pay the expenses grordng out or. 

### and necessarily inoident **to,** the **work**

## 0s a&h **adiiitlonal-a** ploveee employed **under** other olear provisions oi th cial rgd8r. In other words. the ltemlzed enmntta I&%'

were oonaldered.by the Le&leture **a8** suiYLcient portalining,~tothe employees listed fn the appropriation bill, **but**

as to snoh additional employeae, authorized in the apaoiel rider, additional expenses would be neoeeeary 

### endW6I8, therefore, provided 

### for in this manner.

Furthercthare la in the speoial rider this **ad** ditional provision vaud for defraying all other expenses necessary for the administration 0s the provisions 

### 0s

. .8 (the 

### examininglaw). This provisfon eppr0pTiates the sxamining funds to pay tiy expenses other than th0ee itsmized which may b8aOm8 n808sSal.yfO~iniSt8riI@ the eXamlnfng law; ln other words, 

### an additional contingent vexpenae appropriation. It does not, of dourse. have 

### the sib 

## r80t 0s authoriaing the snpplemefltingor the itemized 8xpense iternsin th8,appropriatfon bill. (Farenthesfe ours.)

### Honorable Walter C.WoOdward, ahairman,Page 4

W8 carefullypoint out that nothing in this 

### opinion is to be construed as suggestingor holding that the speoial rider under considerationrelieves the department 

### fromthe 8ff8Ot

## 0s the various 

### limitationsappearing in the g8n8ral rider upon the use 0s 

### moneys appropriated to 

### the various departments

## 0s the State Government. In arriving at th8 conclneionaannOuIIOsd above,we are giving effeat to the principle thatwhere the generalprovlslons of a statute oonfllotwith spsolalprovlslons,the speolal pro

### vlslonswill control to the extent of suoh oonfllot, and will be regarded as an sxosption from the application Of the general rule; therefore,a SpeOiel rider, appended t0
a particulard8partm8ntd appmpriation, controls the expenditureof the funds of thatdepartment, or division, insofar a8 auoh special rider is in oonfllotwith the general rider appearingat the end of theAct, and applying to all departments. It I:.to b8 emphasized that the apeala1 rider oontrolsas against the general rider insofar, 

### but only Insofar, es the speoial rider oreates an exoaption to th8 provisionsof the general rider. As pertaining to all othermatters provided for in the general rlder, the provisions thereofwill control in 

### allpartioulars provided for.

You are, therefore. respeotfullyadvised that it is the opinion of this department that the special rider nnder considerationappropriatesthe f8eS and asaessmente
**OOll8CtSd** 

### under authority

## 0s th8 examining law to~thepayment 

### or (1)all expensesand salerlee listed end itemized in th8AppropriationBill; (2)all **necessary** 

### expenses 

### luoldent to the employmentand examinationwork of additionel employeesauthoriz8d **by** 

### the epeoial 

### riderand employedin acoordanoe tharewith; and **(3)** 

### all expenses,other thau those enumeratedand itemized in the Bill neoeeaary for the administration

## 0s the

### variousprovlslons

## 0s the examining law.

Trusting 

### thatthe foregoing adequatelyanswers 

### yourinquiry, we remain

YOUN very truly