March 26, 1975 

The Honorable D. R. Uher 

Chairman, State Affairs Committee 

Box 2910 

Austin, Texas 78767 

Opinion No. H- 566 

Re: Whether state employees 

may testify before legislative 

committees in favor of or in 

opposition to legislation. 

Dear Chairman Uher: 

YOU have asked whether state employees are prohibited by article V, 

section 4 of the current General Appropriations Act, Acts 1973, 63rd 

Legislature, Chapter 659, p. 2197 from testifying before legislative 

committees in favor of or in opposition to legislation. That rider provides: 

None of the moneys appropriated by Articles I, 

II, III, and IV of this Act, regardless of their source 

or character, shall be used for influencing the outcome of any election, or the passage or defeat of any 

legislative measure. This prohibition, however, shall 

not be construed to prevent any official or employee 

of the State from furnishing to any Member of the 

Legislature, or to any other State official or employee 

or to any citizen, any information or facts pertinent 

to the official duties and responsibilities of the State 

agency he represents. 

This Appropriation Act rider does not purport to prohibit state 

employees from testifying before legislative committees. It prohibits 

only the expenditure of appropriated funds for that purpose where the official 

duties and responsibilities of the state agency which the employee represents 

are not involved. Normally, the only appropriated funds at issue in 

such a circumstance are the salary and expenses of the employee incident 

p. 2539 
The Honorable D. R. Uher page 2 (H-566) 

to time spent testifying. Therefore, if the employee testifies on his 

own time and at his own expense, at a time when he is not being paid to 

represent his agency, the rider is not applicable because no appropriated 

funds are involved. See also Alterman v. Philadelphia Housing Authority, 

-- 

496 F. 2d 164 (3rd. Cir. 1974) cert. denied 42 L. Ed. 2d 72, which discusses 

the constitutional right of a public employee to participate in nonpartisan 

politics. Of course, another provision of this same rider prohibits the 

expenditure of state funds to pay the full or partial salary of a state employee 

who is also a paid iobbyist for any individual, firm, association or corporation. 

Furthermore, the provision does not prevent a representative of 

an agency from furnishing “any information or facts pertinent to the 

official duties and responsibilities of the state agency. ” In our view, 

this information may include a statement of support or opposition to 

legislation where the statement is on behalf of an agency whose “duties 

and responsibilities” are affected by the legislation. This information 

may bye conveyed in any appropriate manner, including testimony before 

a legislative committee. 

It is therefore our opinion that the foregoing rider to the General 

Appropriation Act does not prevent a state employee from testifying 

before a legislative committee on his own time, nor prevent a representative 

of a state agency whose duties and responsibilities are affected by the 

legislation from testifying during working hours in support of or opposition 

to legislation on behalf of his agency. 

SUMMARY 

The rider attached to the 1973 General Appropriations 

Act prohibiting the use of appropriated monies to 

influence the outcome of any election or the passage or 

defeat of any legislative measure does not prevent a 

state employee from testifying before a legislative 

committee on his own time, nor prevent a representative of a state agency whose duties and responsibilities 

p. 2540 
I 

The Honorable D. R. Uher page 3 (H-566) 

are affected by the legislation from testifying 

during working hours in support of or opposition 

to legislation on behalf of his agency. 

Very truly yours, 

v Attorney General of Texas 

Dw First Assistant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

p. 2541