MARKWHITE Attorney General 

# TheAttorney General ofTexas
September lo,1981 :

Mr. Jackie L.Vaughan Executive Director TexasAmusement Machine Commission 1106Clayton Lane, Suite 108E Austin, Texas 78723
DearMr.Vaughan: Opinion No. MW-365
Re: Per diem of commissioners ofTexasAmusement Machine Commission

Article 4413(41), V.T.C.S., established the Texas Amusement Machine Commission. Section 4 of that article previously that: Allmembers of theCommission shallbe compensated

in an amount of Thirty-five Dollars ($35.00) per day for each day they are actually engaged in performing their duties whether or not in attendance at a meeting; provided, however, they shall not draw compensation for mcwe than sixty (60)days inany one fiscal year. In addition to the per diem provided for herein, members of the Commission shall be reimbursed for their actual and necessary traveling expenses in the performance of theirduties. Senate Bill No. 486, which became effective September amended section 4 toprovide as follows:

Allmembers of theCommission shallbe entitled to aper diem as setby legislative appropriation for each day they are actually engaged in performing their duties whether or not in attendance at a meeting; provided, however, they shall not draw compensation formore than sixty (60)days in any one fiscal year. A member may not receive any compensation for travel expenses, including expenses for DX?dS and lodging, other than transportation expenses. Amember is entitled to compensation for transportation expenses as prescribed by theGeneralAppropriations Act. provided

1, 1981,

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With respect to the Texas Amusement Machine Commission, the General Appropriations Act, House Bill No. 656, provides inpertinent part that:The per diem for board members shall be actual

expenses formeals and lodging plus an additional $75 foreach day themember isengaged inofficial business of theCommission....
You are concerned about the conflict between section 4, as amended, and the foregoing provision of the General Appropriations Act. You ask:

Are the Commissioners of the Texas Amusement Machine Commission only entitled to per diem and transportation expenses as stated in Senate Bill 486, or are they entitled to actual expenses for meals and lodging plus per diem as stated in the General Appropriations Act? The legislative history of Senate Bill No. 486 indicates that no conflict with theGeneral Appropriations Act would have arisen if the bill had been enacted in its original form. The original version of the bill amended section 4 to provide that commissioners shall be entitled to a per diem as set by the legislature rather than be compensated at the rate of $35 per day, but it left the language regarding reimbursement for commissioners' "actual and necessary traveling expensefillintact. The bill went through several changes, however, and the final version substituted the language that created thepresent conflict. General legislation cannotbe enacted inanappropriations bill. Moore V. Sheppard, 192 S.W.2d 559 (Tex. 1946); Linden v. Finley, 49 S.W. 578 (Tex. 1899); Attorney General Opinions MW-340 (1981); H-268 (1974);M-1199 (1972). The general rules applicable inthisareawere stated inAttorney General Opinion M-1199, supra:

An appropriation bill may detail, limit or restrict the use of funds therein appropriated or otherwise insure that the appropriated money will be spent for the purpose intended....A rider attached to the general appropriation bill cannot repeal, modify or amend an existing general law....Ifabill doesmore than setaside a sumof money, provide themeans of its distribution, and to whom it shall be distributed, then it is a general law.,..The distinction between a general appropriation bill and general legislation has been recognized in this state in the simple fact that the former merely sets apart sums of money for specific objectives and uses while the latter

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does more than use of funds. (MW-365)

merely appropriate and limit the

When tested under these rules, the General Appropriations Act provision can only be regarded as "general legislation" to the extent that it purports to authorize the payment of expenses which Senate Bill No. 486 expressly forbids, i.e., expenses formeals aud lodging. Insofar as the bill and the General Appropriations Act provision cannot be reconciled, the former must automatically be deemed controlling. This isnotan instance involving aconflict between two pieces of legislation standing onequal footing.
We therefore conclude that the commissioners of the Texas Amusement Machine Commission are governed by Senate Bill No. 486. Accordingly, they are entitled to the $75 per day (not to exceed 60 days in any one fiscal year) prescribed by the General Appropriations Act plus compensation for transportation expenses as prescribed therein.

SUMMARY

Pursuant to Senate Bill No. 486, the commissioners of the Texas Amusement Machine Commission are entitled to the $75 per day prescribed by the General Appropriations Act plus compensation for transportation expenses as prescribed therein.

MARK WHITE Attorney General ofTexas
JOHNW.FAINTER, JR. FirstAssistant Attorney General RICHARD E.GRAY III Executive Assistant Attorney General Prepared byJonBible Assistant Attorney General

p. 1222.l;?ckie+ I..Vnughn -Page 4 (MW-365)

APPROVED: OPINION COMMITTEE Susan L.Garrison, Chairman JonBible Bill Campbell Rick Gilpin JimMoellinger

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