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 of July 17. 1973, states as follows: 

“The Sixty-third Legislature enacted Senate 

Bill 60 which provides that: 

8 

. . . The first day of January, 

the 19th day of January, the third 

Monday in February, the second day 

of March, the Zlst day of April, the 

last Monday in May. the fourth day 

of July, the 27th day of August, the 

first Monday in September, the setond Monday in October, the fourth 

Monday in October, the fourth Thursday in November, and the 25th day of 

December, of each year, and every 

day on which an election is held throughout the State, are declared legal holidays, 

on which all the public offices of the 

state may be closed . . . . ’ 

“Thus legislation eliminated the third day.of June 

as a legal holiday’and added the 27th day of August. 

“Senate Bill 1 (the general appropriations act for 

the 1973 fiscal year), Acts of the Sixty-second Legislature, Third Called Session, stipulates in Section 6c 

of Article V: 

p. 395 
The 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 of January, the 19th 

day of January, the third Monday 

in February, the second day in 

March, the 21st day of April, the 

last Monday in May, the third day 

of June, the fourth day of July, the 

first Monday in September, the second Monday in October, the fourth 

Monday of October, the fourth Thursday in November, 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 of the numerous inquiries from State agencies 

regarding holidays, I am requesting your opinion of the 

following: 

“(1) Is August 27, 1973, a holiday 

for state employees whereby state 

offices shall be closed? 

“(2) Will the 27th day of August be 

a holiday for state employees during the 

1974-1975 fiscal years? 

“(3) Will the third day of June be a 

holiday for State employees during the 

1974-1975 fiscal years?” 

It is apparent that there is a conflict between these two statutes in that in 

Senate Bill 60. August 27th is made a State holiday and June 3rd is not; whereas 

in Senate Bill 1, June 3rd is specified as a holiday and August 27th is not. 

Senate Bill 60 was passed as an amendment to Article 4591, Revised Civil 

Statutes of Texas. which, prior to this amendment, set forth the same State 

p. 396 
The Honorable Dolph Briscoe, page 3 (H-87) 

holidays as those specified in Senate 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 in Attorney General Opinion No. M-1199, an opinion 

on the validity of riders to a 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, 144 Tex. 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, 57 Tex. 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 a bill does more than set aside a sum of money, 

provide the means of its distribution, and to whom 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 in this State 

in the 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 of funds. 

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. 397 
The 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 of holidays for State employees. 

It must prevail over the provisions of the riders in the General Appropriations 

Act. Accordingly, the answer to your first question is that August 27, 1973, 

will be a legal holiday for State employees whereby State offices shall be closed. 

The answer to your second question involves the same principles of law. 

Senate Bill 60 is the last passed general statute and unless it is amended by 

a general statute prior to August 27, 1974. or August 27, 1975, these two days 

will be holidays for State employees regardless of any conflicting provision in 

a rider to an appropriation bill. 

The answer to your third question is also controlled by these principles. 

It is plain that Senate Bill 60 had the effect of deleting June 3rd as a holdiay 

from those previously listed in Article 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 a State 

holiday unless Article 4591 is again amended by general statute effective prior 

to one or both of these dates. 

SUMMARY 

1. August 27, 1973, is a holiday for State employees 

whereby state offices shall be closed. 

2. The 27th day of August will be a holiday for State 

employees in the 1974-1975 fiscal years. 

3. The 3rd day of June will not be a holiday for State 

employees during the 1974-1975 fiscal years. 

Attorney General of Texas 

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

APPROVED: 

Opinion Committee 

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P- 399