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 infavor ofor in opposition tolegislation. Dear Chairman Uher:



### YOU have asked whether state employees are prohibited byarticle V, section 4 ofthe current General Appropriations Act, Acts 1973, 63rd Legislature, Chapter 659, p.2197 from testifying before legislative committees in favor ofor in opposition to legislation. That rider provides: None ofthe moneys appropriated by Articles I, II, III, and IV ofthis Act, regardless oftheir source or character, shall be used for influencing the outcome ofany election, or the passage or defeat ofany legislative measure. This prohibition, however, shall not be construed toprevent any official or employee ofthe State from furnishing toany Member ofthe Legislature, or to any other State official or employee or toany citizen, any information or facts pertinent to the official duties and responsibilities ofthe State agency he represents. This Appropriation Act rider does not purport to prohibit state employees from testifying before legislative committees. Itprohibits only the expenditure ofappropriated funds for that purpose where the official duties and responsibilities ofthe 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 ofthe employee incident

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

to time spent testifying. Therefore, if the employee testifies onhis own time and athis own expense, ata 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 ofa public employee toparticipate in nonpartisan politics. Of course, another provision ofthis same rider prohibits the expenditure of state funds to pay the full or partial salary ofa 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 ofthe state agency. ” Inour view, this information may include a statement ofsupport or opposition to legislation where the statement is on behalf ofan agency whose “duties and responsibilities” are affected by the legislation. This information may byeconveyed in any appropriate manner, including testimony before alegislative committee.

Itis therefore our opinion that the foregoing rider to the General Appropriation Act does not prevent a state employee from testifying before a legislative committee onhis own time, nor prevent a representative ofa state agency whose duties and responsibilities are affected by the legislation from testifying during working hours in support of or opposition tolegislation onbehalf ofhis agency. SUMMARY The rider attached to the 1973 General Appropriations Act prohibiting the use ofappropriated monies to influence the outcome ofany election or the passage or defeat ofany legislative measure does not prevent a state employee from testifying before alegislative committee onhis own time, nor prevent a representative ofa state agency whose duties and responsibilities

p. 2540I The Honorable D.R. Uher page 3 (H-566)

are affected by the legislation from testifying during working hours in support of or opposition tolegislation on behalf ofhis agency. Very truly **yours,** 

# vAttorney General of Texas

Dw First Assistant

C. ROBERT HEATH, Chairman Opinion Committee

p. 2541