The Honorable Dolph Briscoe Governor of Texas State Capitol Austin, Texas 78711 Opinion No. H-87 Re: Holidays for State employees
Dear Governor Briscoe: Your letter ofJuly 17. 1973, states as follows:

“The Sixty-third Legislature enacted Senate Bill 60which provides that:

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. . . The first day of January, the 19th day ofJanuary, the third Monday inFebruary, the second day ofMarch, the Zlst day ofApril, the last Monday inMay. the fourth day ofJuly, the 27th day of August, the first Monday in September, the setond Monday in October, the fourth Monday in October, the fourth Thursday inNovember, and the 25th day of December, of each year, and every day onwhich an election is held throughout the State, are declared legal holidays, onwhich all the public offices ofthe state may be closed
. . . .’ “Thus legislation eliminated the third day.of June as alegal holiday’and added the 27th day ofAugust.

“Senate Bill 1(the general appropriations act for the 1973 fiscal year), Acts of the Sixty-second Legislature, Third Called Session, stipulates inSection 6c ofArticle V:

p. 395The Honorable Dolph Briscoe. page 2 (H-87)

‘Holidays for State employees including hourly wage workers for each year covered by this Act shall be only those specified as follows: The first day ofJanuary, the 19th day ofJanuary, the third Monday inFebruary, the second day in March, the 21st day ofApril, the last Monday in May, the third day ofJune, the fourth day ofJuly, the first Monday inSeptember, the second Monday in October, the fourth Monday of October, the fourth Thursday inNovember, and the 25th day of December
. . . .I

“In addition House Bill 139 (the general appropriations act for the 1974-1975 fiscal years) specifies the same holidays for state employees as Senate Bill 1. “Because ofthe numerous inquiries from State agencies regarding holidays, Iam requesting your opinion ofthe following:

“(1) Is August 27, 1973, aholiday

for state employees whereby state offices shall be closed?

“(2) Will the 27th day ofAugust be aholiday for state employees during the 1974-1975 fiscal years?

“(3) Will the third day ofJune be a holiday for State employees during the 1974-1975 fiscal years?” Itis apparent that there is a conflict between these two statutes inthat in Senate Bill 60. August 27th is made aState holiday and June 3rd is not; whereas inSenate Bill 1, June 3rd is specified as aholiday andAugust 27th is not. Senate Bill 60was passed as an amendment toArticle 4591, Revised Civil Statutes ofTexas. which, prior to this amendment, set forth the same State p. 396The Honorable Dolph Briscoe, page 3 (H-87)

holidays as those specified inSenate Bill 1, the General Appropriations Act for 1973, and House Bill 139, the General Appropriations Act for fiscal years 1974-1975. The answers to your inquiries are controlled by the general principles of law which were set forth inAttorney General Opinion No. M-1199, anopinion on the validity of riders toa general appropriations act. This opinion states as follows: “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. Moore V. Sheppard, 144Tex. 537, 192 S.W. 2d 559 (1946); Linden V. Finley, 92 Tex. 451, 49 S.W. 578 (1899); Attorney General’s Opinions O-445 (1939); V-1253 (1951); V-1254 (1951); 2959 (1935); V-1196 (1951). ” A rider attached to the general appropriation pill Cannot repeal, modify or amend an existing general law. State v. Steele, 57Tex. 203 (1882); Linden V. w, supra; Moore v. Sheppard, sup.ra; Attorney Generaks Opinions 1745 (1917); 2787 (1929); 2965 (1935); 2970 (1935); O-445 (1939); O-1837 (1940); O-2573 (1940); O-5329 (1943); V-412 (1947); V-894 (1949); V-1196 (1951); V-1254 (1951); M-1141 (1972).

“If abill does more than set aside a sum ofmoney, provide the means of its distribution, and towhom it shall be distributed, then it is a general law. Attorney General’s Opinions 2965 (1935); V-1254 (1951); Moore V. Sheppard, supra. The distinction between’s general appropriation bill and general legislation has been recognized inthis State inthe simple fact that the former merely’sets apar,t sums of money for specific objectives and uses while the latter does more than merely appropriate and limit the use offunds. General legislation constitutes a separate subject and-cannot be included within a general appropriation bill. Moore v. Sheppard, supra; Attorney General’s Opinions 2965 (1935); V-1254 (1951); V-1253 (1951); WW-294 (1957); WW-310 (1957); M-280A (1968). ”
p. 397The Honorable Dolph Briscoe, page 4 (H-87)

These principles lead us to the conclusion that Senate Bill 60, as it amends Article 4591, is the general statute on the subject ofholidays for State employees. Itmust prevail over the provisions ofthe riders inthe General Appropriations Act. Accordingly, the answer to your first question is that August 27, 1973, will be alegal holiday for State employees whereby State offices shall be closed. The answer to your second question involves the same principles oflaw. Senate Bill 60 is the last passed general statute and unless it is amended by ageneral statute prior toAugust 27, 1974. or August 27, 1975, these two days will be holidays for State employees regardless of any conflicting provision in arider to an appropriation bill. The answer to your third question is also controlled by these principles. Itis plain that Senate Bill 60 had the effect of deleting June 3rd as aholdiay from those previously listed inArticle 4591, V. T. C.S. This Bill is the last passed general statute on the subject of legal holidays for State emRloyees and accordingly neither June 3rd. 1974, nor June 3rd. 1975, will be aState holiday unless Article 4591 is again amended by general statute effective prior toone or both of these dates. SUMMARY 1. August 27, 1973, is aholiday for State employees whereby state offices shall be closed. 2. The 27th day ofAugust will be aholiday for State employees inthe 1974-1975 fiscal years. 3. The 3rd day of June will not be aholiday for State employees during the 1974-1975 fiscal years.

Attorney General of Texas

p. 398The Honorable Dolph Briscoe, page 5 (H-87)

APPROVED:

Opinion Committee -

P- 399