### HEATTORNEY GENERAL QIF~EXAS

PRICE DANIEL Auwrxu 11.TExae ATTORNEY

GENERAL 

### October8,195s

Hon. CokeR, Stevenson, JP. Admfnfstrator Texas Liquor Control Board Austin, Texas Opinion Noa

### V-1304

Re4 Validity of the rider in the general approprfatlon bfli Popthe biennium ending August 

### 31,1951, which requfres atransfer of $5,QOOPromthe ConfiscatedLiquor Fundto the Qenera1 Revenue Fund.
Dear 53~:
Youhave requested anopfnfon of this office as to the valfdfty of the following rldep fn the general appropriation bPPPfor the biennium ‘endingAugust 

### 31,1951, (H.B. 

### 322,Acts 51st Leg., at p. 

### 1350): R.S. 

### 1949,eh.615,pe 1208,



### "(24) Trsnsfer PromSpecfaP Funds, In addition to the sumsto be transPepred to the General Revenue Fundfrom special funds as heretof

”ore authorized fn thfs Act andfn other Statutes, there fs hereby approppfated andthe Comptroller and Treasurer shall tPanst”er durfrgeaeh year of the biennium begfnnfng September 1, 1949, the following sumsout of the respective special funds to the General Revenue Fund for the purpose of repaying said General Revenue Fundfop services rendered by the admfnfstratfve departments cpperatflagfrom General Revenue appropriations: 0

. .Lfquor Conffscatfon Fund, Five ThousandDollars 

### ($5,000);D

. .l( Byageneral statute whfch amended Section 

### 30of the Texas Liquor Control Act (Art. 

### 666-30,V.P.C.) the 5lst Legislature allocated 

### 35sof all moneys recovered each biennfumPromthe sale of confiscated Pfquor, oontainer#, and certafn other property to the Confiscated Liquor Fundand 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. 70BR.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 $5eOO0from 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 

### Fundavailable 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& 

### oramenda 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. OpOV-1267Hon; 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 

### 666-30VoPaCe 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 nowunder discussfon does not make the $SnOOOavailable 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 maynot by a rfder fn the general appropriation bill transfer an amount from this fund to another fund. Att”y Gen” OpOV-:412 

### (1947)
., Therefore, the $5sOOOmost remafn fn the Confiscated Liquor Fund; andpsince 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, chO6P!jg p0 1208 at p0 %j5G>c require the transfer of $5eOOOfrom 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 DoMathews Ffrst Assestant EJJT:wb Yours very truly,
PRICE DANXRL Attorney General

Byf v$J-@- E, Wa aThodr Assistant