Honorable James A. Turman OpinionNo. WW-310

Acting Executfve Director Texas Youth Council Re: Are the receipts of reimburse213 West 14th Street ments for materials and supAustin, Texas pliesused in providingbarber and cosmetology service to employeesunder the provisfons of Section 9a of Article II, House Bill 133, Acts 55th Legislature, Regular Session, 1957, Chapter 385, page 92‘7

s reappropriated, and are these receipts to be deposited to the appropriation account from which suchmaterDear Dr. Turman: fals and supplies are purchased?

You have requested an opinion of this office in which you pose the followfng questions relative to the provisions of Section 9a of Article II of House Bill 133 of the 55th Legislature: To Are receipts from materials or supplies used in providingbarber and cosmetology service for employees reappropriated? ‘“2, If the answer to the above questfon is fn the affirmative,are these receipts to be deposited to the appropria,tion account from which suchmaterials or supplies are purchased? Section 9a of Article II,House Bill 1339 55th Legislature, reads as follows:

‘*a y Barbers and cosmetoloaistsnafd from aaaroariationsmade in thisArticle mav aerfm services for the emolovees of the %nstitutfon md charge for them, nrovfded thework is dontater their assignedworkina hours and the State is. reimbursed for thematerials or suaalies used, Rates of chareres shall be aDDrOVed bv the sovernins boards, Receipts collectedunder this subsection are to be deposited in ,the appropriatfon account from which such materials OT suppliesareHonorable James A, Turman, page 2 

### WJ-310)

purchased,and are hereby reappropriatedfor expenditure.rD (Emphasisours) Section 

### 35 of Article III of the Constitution of Texas provides in part:

"Sec. 

### 35. No bill, (exceptgeneral appropriationbills,which may embrace the various subjects and accounts, for and on account ofwhich moneys are appropriated! shall containmore than one subject,which shall be expressed in its title. 89 * 0 QIt is our opinion that the underscored portion of Section 9a of Article II of House Bill 

### 133does not detail, limit or restrict the use of funds appropriated in House Bill 

### 133but provides the authority for the expansion of serviceswhich are not now authorized, We believe that Section 9a is a proper"subject" of general legislation,and therefore, fallswithin the requirements of Se&ion 

### 35 of Article III~of the Constitution of Texas, This being sop we believe thatAttorney General's Opinions No,

### ww-96 (1957)and No. 

### W-265 (1957)and the authorities nited therein, requireus to hold that Section 9a ofArticle II of House Bill 

### 133 is invalid and that, therefore, the procedure authorized by this Sectionmay not 'belegally made operative.

For this reason9 it becomesunnecessary for us to answer either of the two questions posed relative ,tothe remaining provisions of Section 9a of Arti.cleII, House Bill 

### 133. SUMMARY Section 9a of Article II of House Bill 

### 133, Acts 55th Legislature,Regular Session, 

### 1957, Chapter 385$ page 92T9 is a proper 'ssubject'V of general legislationand is, therefore, invalid under the provisions of Section

### 35 of Article III of the Constitution of Texas.

WCR:pfajl:wb Yours very truly, WILL WILSON

AssistantHonorable JamesA, Turman, page 3 

### (ww-310)

APPROVED: OPINION COMMITTEE Geo, P. Blackburn, Chairman John Minton B. H. Timmins, Jr. Fred Werkenthfn REVIEWED FOR THE ATTORNEY GENERAL BY: James N, Ludlum