OI+FICEOFTHEAI7ORNEY GENERALOFTEXAS 

AUSTIN 

,/’ 

Bonorebla Waltsr C. Woodward, Ohairman 

Board of Inamranae Comisaf,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 in exoeaa or $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 

exatulnation expense 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 f n the administration of the 

exednlng dlrlalon (protided any additional wnployeea psrfoting similar work to the positlone 

designated hereinabove shall not reaeive a greater aura of oompensatlon than that herein 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 aumndxzenta thereto, 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. 

Said applfoation shall set out ths, reaso% and 

neoaeeity for the employment OS the addltiBna1 

employees." 

We note the statement %n your letter *that the 

itemized list of appropriationa oontafned every purpoas 

for whloh the eramining division fund oould possibly be 

expended*. Your inquiry, thereion, la dlreotetl to the 
Honorable Walter C. WoodWard, Chairman, Page 3 

question 0s Whether the Board 0s InSUranO8 Commlsalon8re 

may expend from examining rms expense items 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 arpploy additional neoessary employees 

and pay their ccaapeneation from 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 thsxefor and to reoeirs 

in writing the approval Of the Board. 

It is observed that this special rfder appr0prlat8S such solpB fr0m the 8remining fUadS, COl.leOt8d as fees 

and asaessmenta under.authorlty of the examining law ‘for 

the purpose of paying the 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 such help 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 .the elcaminlng funds areappropriated aa 

will be necessary to pay the expenses grordng out or. and 

necessarily inoident to, the work 0s a&h adiiitlonal-aploveee 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,~to the employees listed fn the appropriation bill, but 

as to snoh additional employeae, authorized in the apaoiel 

rider, additional expenses would be neoeeeary end W6I8, 

therefore, provided for in this manner. 

Furthercthare la in the speoial rider this additional provision vaud for defraying all other expenses 

necessary for the administration 0s the provisions 0s . .8 

(the examining law). This provisfon eppr0pTiates the sxamining funds to pay tiy expenses other than th0ee itsmized which may b8aOm8 n808sSal.y fO~iniSt8riI@ the eXamlnfng law; ln other words, an additional contingent vexpenae appropriation. It does not, of dourse. have the sib 

r80t 0s authoriaing the snpplemeflting or the itemized 8xpense iterns in th8,appropriatfon bill. (Farenthesfe ours.) 
Honorable Walter C. WoOdward, ahairman, Page 4 

W8 carefully point out that nothing in this opinion is to be construed as suggesting or holding that the 

speoial rider under consideration relieves the department 

from the 8ff8Ot 0s the various limitations appearing in the 

g8n8ral rider upon the use 0s moneys appropriated to the 

various departments 0s the State Government. In arriving 

at th8 conclneiona annOuIIOsd above, we are giving effeat 

to the principle that where the general provlslons of a 

statute oonfllot with spsolal provlslons, the speolal provlslons will 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 particular d8partm8ntd appmpriation, controls the expenditure of the funds of that department, or division, 

insofar a8 auoh special rider is in oonfllot with the general rider appearing at the end of the Act, and applying 

to all departments. It I:. to b8 emphasized that the apeala1 rider oontrols as against the general rider insofar, 

but only Insofar, es the speoial rider oreates an exoaption to th8 provisions of the general rider. As pertaining to all other matters provided for in the general rlder, the provisions thereof will control in all partioulars 

provided for. 

You are, therefore. respeotfully advised that it 

is the opinion of this department that the special rider 

nnder consideration appropriates the f8eS and asaessmente 

OOll8CtSd under authority 0s th8 examining law to~the payment or (1) all expenses and salerlee listed end itemized 

in th8 Appropriation Bill; (2) all necessary expenses luoldent to the employment and examination work of additionel 

employees authoriz8d by the epeoial rider and employed in 

acoordanoe tharewith; and (3) all expenses, other thau 

those enumerated and itemized in the Bill neoeeaary for 

the administration 0s the various provlslons 0s the examining law. 

Trusting that the foregoing adequately answers 

your inquiry, we remain 

YOUN very truly