,- October 17, 1951 ,',

Hon. 3. W. Edgar, Opinion No; V-1324, Commissionerof Education Texas EducationAgency Austin, Texas Re:,AuthorltyofTexas Education Agency to pay salaries from the '$20,000 appropriationin Art. XV of' the, currentgeneral appropriation

Act comparable to the posit&ens specifiedby groups XV,~~ XVI, or XVII In the Agency's section of Art. III Dear Dr. Edgar: of'the same Act.'

We quote your letter 'as ~follows:
," We desire :anopinlon,from your office regarding the salary limitationsthat apply in expending the $20 000 appropriatedto the Texas Central EducationAgency in Article IV of the Appropriation Act of the Fifty-second Legislature.

'The appropriationto ,the Texas Central EducationAgency under Article III of the, Appropriation

Act limits the number of positions that may be classifiedunder groups XVII; XVI and Xv with no limitationsas to number of positions that may be assigned to other groups In the classification program.

'Do these limitations regarding the number of positions includedin the Departmental Appropriation Act, Article III, apply to the $20,000 appropriatedto the Agency under Article IV of the Appropriation Act?"

Article III of House Bill 426, Acts 52nd LegSslature, 1951, the current biennial appropriation bill, Includes appropriations for the currentbiennium for the Texas Central EducationAgency. This section begins as follows (Acts 52nd Leg., R.S. 1951, ch. 499, p. 1228, at p. 1316):Hon. J. W. Edgar, Pee 2 ,:(v-1324)

"TEXA%C&TR&EDUCATION AGENCY

~%POUP XVII': l+Blone'toexceed $17,500 per year. "Descriptlk and duties: Serves as Executive Officer 'ofthe State Board of Education performingthoa~e functionsrequiredby the Board and by l&w.

'QroupXVI:, k-llone,toexceed $11,000 per year. "Descriptlbn'and~dtitles: Under general direction,,of

the Commissioner

of Education, directs the activitiesof several divisions performingrelated iwotlons.
"8ronpxv: Z--lone to exceed $8,400 per year. “Descrfptton

and duties: Under general directionoft

Asbos,latC

Commissioner,

directs the activitiesof the ,Mvlslon of Adminlstrative Services,or the ~actlvltles of the Dlvision of Textbooks and InstruCtional Materials."

Article rV of House Bill 426, au ra at page 1443, provides for biennial appropriations o be allo+-' cated to the public junior colleges of Texas which meet the standardsand eligibility requirementstherein detailed. Section 2 of Article Iv assigns to the State Board of Education the duty of formulating rules and regulationsgovern1 colleges to share In a $ "& ellglbllityof public junior ,309,200.00

biennial appropriation in accordance with certain specified factors. It also empowersthe CoMnistiloner Of Education to certify the eligibilityof public junior colleges to share in this appropriation upon meeting the requirementsof the law. Further, It assigns to the Central EducationAgency the function of determining whether each eligible junior collegehas compliedwith all the provisionsof Section 2. Section 2 concludesWith this paragraph:

"ffom the appropriation made In Section 1 of this Article, there is hereby allocated the sum of Twenty ThousandDollars ($20,000) for each of the fiscal years of the biennium -P Hon. J. W. Edgar, Page 3 (V-1324)

beginning September 1, 1951, to the Texas Central EducationAgency for the expense of carrying out the functionsand responsibllities asslgned~

to that Agency by this Article."

Groups XVII,~XVI,and'XV, quoted above, are the first of some eighteen like provisionsfound at the beginning of theTexas Central EducationAgency's section of Article ITI, House Bill.426. These "groups" appear without prelate or introduction, preceded only by the title, "Texas ~Central

EducationAgency. ’ No explanation,summary, or ccncluslonfollows these provisions. The followingparagraph In the Act contains annual appropriationitems. The 'groups'create a personnel classification program,but they dO, not appropriate funds. Provislbns in general sppropriatlonbills which do not add funds to or take funds away from those assignedby the Legislatureto the particularuse,5enumerated are known as "non-appropriating" provisions; non-appropriating

provisionsor riders In general appropriationbills are valld~ only when they detail, limit,
or restrict the'use of funds therein appropriated and when they are connectedwith and Incidentalto the a - propriations

made. (1951). Attorney General's ~Oplnlon

V-125 $

House Bill 426 representsa departure in form from the pattern of the general appropriation me~asures of recetit

Legislatures. It had been the recent practice to enact separate appropriation bills for the Judiciary, the Executiveand administrative departments

and agencies, the eleemosynaryinstitutions, the inatltutions

of higher learning,and the public junior colleges;1 In 1951 the 52nd Legislatureput all of these general appropriationsinto one measure, House Bill 426. This Act la divided Into nine Articles,namely Article I, Judiciary;Article IT, State Hospitals,Special Schools

l See'Acts, 5ist Leglslature,,Regular Sessidn, 19?9-- House Bill 11 p. 612; House Bill 319,:p. 1133; House Bill 320,~ p. i160; House Bill 321,~~. 1070; and House ~111 322, p. 1208; Acts 50th Legislature,1947-- House Bill 52, p. 685; House Bill 244, p. 639; House Bill 246, p. 649; Senate Bill 374, p. 566; and, Senate Bill 391, p. 803.Hon. J. W. Edgar, Page 4 (V-1324)

and Youth DevelopmentInstitutions; Article III, Executive and Administrative Departmentsand Agencies;Artlcle IV, Public Junior Colleges;ArticleV, Agencies of Higher Education;ArticleVI, General Provisions; ArticleVII, Saving Clause; Article VIII, Suspending clause; and Article IX, EmergencyClause. Had Articles III and IV of House Bill 426 been aeparateActs, as was the prior practice, there could be no question but that
a non-appropriating rider in one Act could have no application to an appropriationin another Act. Here, however, all Is a single Act, and, having determined that these non-appropriating provisions

have validity to the extent that they govern expenditureof funds appropriatedin House Bill 426, we must yet determine their appllcabllltyto an appropriation contained in
an Article other than that In which the non-approprlatlng provisionsthemselvesappears.

Perusal of the contents of each "Article"reveals that each of the first five Articles of House Bill 426 covers a distinct field of State government, while the last four Articles, and these alone, have general applicationto all of the appropriations in the various other Articles of the entire Act. This is shown by the repeatedwords "this Act" found In ArticlesVI, VII, VIII, and IX. Like language is conspicuously absent in the first five Articles.

Evidence that the first five Articles are generally Intended to be mutually exclusive,rather than generally controllingone another, is found in the Legislature'srecognitionof a need to Incorporateidentical riders in more than one Article.2 There are also riders in differentArticleswhich accord different treatment to Identicalsubjects.3 And the Legislature has expressly Incorporatedthe provisionsof certain riders from one

2 See Sec. 8 of Art. I p. 1240, and Subset. (28), Sec. 2 of Art. 111, p. 1442, Acts 52nd Leg., R.S. 1951.

3 C!;;p;r--

Subset. (12)g, Sec. 2 of Art. III, p. 1437, 35 of Art. v, p. 1474, as respects the items for whidh receipts must be obtained.. .

/h Hon. J. W. Edgar, Page 5 '(V-1324)

Article into~,the

Hdera of another Article.4'When the Legislature

has'dane these three~thlnga, using explicit worda to tike'approprlatfons~ln one~,ArtlclB,.subject to certain non-appropriating pbovlstonsi&a, different Article, using the sama"non+approprlating pr~vla;lons in more than one Artlcle~~and treating the same general subject matter.ln-differentway&, in.other provisions of separate Atiticles; we are unzible

to alssunu.,that, non-appropriatlng.protilaicn ln,one.Artiale.governs~the expenditureoFan, approprlatio.n.,m%de in ,a:,,diPferent

Article in the absence of~iipeclflc~language showing this result, to be'the'Legislature'a .int'entlon.

.,. We Bre sustalne:d

ih.this.view

by the obvious Import of subsection (16)b of Section 2 of~Artlcle III (Acts 52nd Leg,, R.S. 1951i,,p. 1439); which~

provides in part:

"The kpproprlaklons hereln, provided are,to be construedas'the maxlmuti,sums to be ap@ropPlatedto and for‘the~ s.+vetial

ptiposes named hetiein;,.$nd the. a~outita.are~:$n~.. tended to cover, and shall,coverthe entire cost of the respective.,ltems and the,

sarne,~~ shall not be supplementedfrom atiy~ other sources;

. . .t)

As the appropriationsin Article III are the maximum ones allocated'tothe purposes of that Article, the appropriation& in Article IV must be for other and differentpurposasr.

If further evidence of the mutually exclusive character of Articles III and IVis needed, attention is ~invited

to the wording of~the last paragraph in Section 2 of Article .IV,'quoted above, reading: '~

"From the~~appropriation made in S~ectlon 1 of this Article, there Is hereby,al-; located

. . . to the Texas Central Education Agency for the expense of carrying out the functionsand resoonslbllltles asaimed to that {Tency by this Article." (Emphasis added.

,- 4 See Sec. 5(a), Art. I, p. 1240; Sec. 16, Art. II, p.

1296; Sec. 17, Art. 27, Art. V, p. 1471.II, p. 1297; and Sets. 26 and. _.

Hon. J. W. Edgar, Page 6 (v-1324)

We can ,vlewthe language emphasizedabove only ae a clear-expression by the Legislaturethat we need look only to the provisionsof Article IV in determiningthe purposes for which and the manner in which the funds there appropplated may be used. The Legislature

recognizes that the duties required of the Texas Central EducationAgency as incidentalto the disbursement

of the $4,309,200.00 appropriatedto the public junior colleges:nlllentail expenses on the, part of the Central EducationAgency addltlonal.to those provided for in Article III, and the Legislature leaves to the sound discretionof that agency a determination of the speciftcuses to which these funds ~111 be devoted In carrying out these duties.

SUNNARY

Funds appropriatedto the Texas Central EducationAgency In Article IV of House Bill 426 Acta 52nd Leg., R,S. 1951, ch. 499, p. 1226, to defray expenses Incident to certlfylng the eligibilityof public juniors colleges to receive State appropriations, are not subject to the personnelalasslficatlonprovisions in this agency’s section of Article III of the same Act.

APPROVED:

Charles D. Mathews First Assistant Yours very truly,

PRICE DANIEL Attorney General

-I David B. Irons Administrative

Assistant

DBI:em