HEATTORNEY GENERAL 

QIF~EXAS 

PRICE DANIEL 

Auwrxu 11. TExae 

ATTORNEY GENERAL October 8, 195s 

Hon. Coke R, Stevenson, JP. 

Admfnfstrator 

Texas Liquor Control Board 

Austin, Texas Opinion Noa V-1304 

Re 4 Validity of the rider in 

the general approprfatlon 

bfli Pop the biennium ending August 31, 1951, which 

requfres a transfer of 

$5,QOO Prom the Confiscated Liquor Fund to the Qenera1 Revenue Fund. 

Dear 53~: 

You have requested an opfnfon of this office as 

to the valfdfty of the following rldep fn the general appropriation bPPP for the biennium ‘ending August 31, 1951, 

(H.B. 322, Acts 51st Leg., 

at p. 1350): 

R.S. 1949, eh. 615, pe 1208, 

"(24) Trsnsfer Prom SpecfaP Funds, 

In addition to the sums to be transPepred 

to the General Revenue Fund from special 

funds as heretof”ore authorized fn thfs 

Act and fn other Statutes, there fs hereby approppfated and the Comptroller and 

Treasurer shall tPanst”er durfrgeaeh year 

of the biennium begfnnfng September 1, 1949, 

the following sums out of the respective 

special funds to the General Revenue Fund 

for the purpose of repaying said General 

Revenue Fund fop services rendered by the 

admfnfstratfve departments cpperatflag from 

General Revenue appropriations: 0 . .Lfquor 

Conffscatfon Fund, Five Thousand Dollars 

($5,000); D . .l( 

By a general statute whfch amended Section 30 of 

the Texas Liquor Control Act (Art. 666-30, V.P.C.) the 5lst 

Legislature allocated 35s of all moneys recovered each biennfum Prom the sale of confiscated Pfquor, oontainer#, and 

certafn other property to the Confiscated Liquor Fund and 

placed the authority for its disposftfon fn the Liquor Control Board in the followfng language: 
. 

Hon. Coke R. Stevenson, Jro, Page 2 N-1304) 

‘l(b) Thirty-five per cent (35%) of all 

moneys derived from the sale of alcoholic 

beveraF:es, containers, any devfce in which 

said alcoholic beverages are packeged or 

property, as authorized In Paragraph [a) &f 

this Section shall be placed in a separate 

violations of the provisions of this Act and 

to defray the expenses incurred in assa&iag, 

storing, transporting, selUng and accounting 

for said confiscated alcoholic beverages, 

of the Texas Liquor Control Act, Any une%- 

pended portion of said fund at the end of rash 

biennium shall remain tn said fund subjeat to 

fusther approprZation for such pm osea..R 

(H.B. 84, Acts 5Zst Le 

p* 1011, at p. 1032. 7 

0B R.9, 19& chv 

Emphasis added) 

543, 

It is thus seen that the general statute make6 

available to the Liquor Control Board, when appropriated, 

the money fn the Confiscated Liquor Fund. The money is 

to be used for certain dosigaated expenses and for anp 

other purpose deemed neoessary by the Board. 

The rider in the general appropriatfon bill, 

e which appropriates $5eOO0 from the Confiscated La- 

&d for services rendered by the adminfotratlve dez%ments is in conflict with, and therefore is necesea+ 

j.1~ an attempt to alter or amend, the general statute 

which makes the Confiscated Liquor Fund available f0 ad 

places the authority to expend et 4~~ the Liquor CC&~ 

Board. There Is no doubt that the Legislature 

general statute effect this $5 000 transfer, 

mu&d by a 

x?e 

143 Tex. 421f; 185 SOU,2d 

may not alt& or amend a 

ute by a rider In a general appropriation bill@ Att’p OeB. 

op. V-1254 (19521, 

The fact situation presented here is l ntlralp 

different from that presented in Att’y Gon. OpO V-1267 
Hon; Coke R. Stevenson, Jr., Page 3 (V-1304) 

a95k)o That opinion was based on the fact that the Legislature orfgfnally made only a 20% approprfatfon instead 

of the 35% allocated by Article 666-30 VoPaCe The Lag- 

‘slature then allocated the remafnfng i!$ by rider for 

certain expenditures allowed under Article 666-30, but 

Zeft the determination of whether the money was to be so 

expended with the Liquor Control Board in complfance with 

the. general statute0 This was merely an additional appropriateon within the 35% Ifmit and was held valid. 

The rPder now under discussfon does not make the 

$SnOOO available to the Board or leave the determination 

of whether the $5,000 should be expended to the discretion 

and judgment of the Board, and it thereby attempts to amend 

the general statute, Although t,he Legfslature might appropriate a portion or all of the Confiscated Liquor Pund to 

be used at the discretfon of the Board for specified exe 

ponses authorZzed under the Act, it may not by a rfder fn 

the general appropriation bill transfer an amount from this 

fund to another fund. Att”y Gen” OpO V-:412 (1947) ., Therefore, the $5sOOO most remafn fn the Confiscated Liquor Fund; 

and p since the biennium in question fs at an end, it must 

be carried over as an unexpended balance to the next biennium in accord with the general statute, 

The Legislature cannot, by a rider to the 

general appropriation b%ll for the biennium endeng August 31, 1951 (-HUB. 3220 Acts 5lst Lego, 

R-SD 1949, chO 6P!jg p0 1208 at p0 %j5G>c require 

the transfer of $5eOOO from the Conffscatad L%- 

quor Fund, since such rider is in conflict with, 

and attempts to amend9 the general stat&r which 

provfdes that the Confiscated Liquor Fund shall 

be available to the Liquor Control Board for. 

certain designated expenses and for other pulpposes deemed necessary by the Board. Attqy Gen, 

op, v-1254 (19513. 

APPRO%3D6 

C. K, Rfchards 

Trial & Appellate Division 

Jesse P, Luton, Jr. 

Revfewfng Assistant 

Charles Do Mathews 

Ffrst Assestant 

EJJT:wb 

Yours very truly, 

PRICE DANXRL 

Attorney General 

Byf v$J-@- 

E, Wa a Thodr 

Assistant