to be worn by peace officersmskingarrests
Other ju.rlsdictions likewiseabound in case authority. The United StatesSupremeCourt struckdown an act of the Philip- pine Legislature,creatinga gove-nt-ownedbsnkandcoalcom- pany end vestingthe voting power thereofin a codttee includ- inp the Presidentof the Senateand the Speakerof the House of Representatives, as au attemptto engraftexecutivedutiesupon a legisla vs officeand thus usurp the executivepower by indi- rection.if Similarly,an act creatinga legislativecommittee onStatewaterrightswasheld invalidwherethe court foundthat the b@3lhuX! hadnot only&d? a &~Wbutn!a e a joint commit- tee its executiveagent to carry out the law.18
A New York decisionexactlyin point, conc+rningan appropriationfetteredby a provisionthat the money appropriated k spent ouly with.approvalof two legislativeofficers,held un- constitutionalthe provisionof StateFinanceLaw, # 139, re- quirlngsuch approval,the Court of Appeals saying:
'The Legislaturehas not only mads a law--i.e., an appropriation--but has made two of its membersex officioits executiveagentsto carry out the law; i.e., to act on the segregationof the appropriation. This is a clear and ccmspicuousinstanceof au attempt bythe Legislatursto conferadmluistrative power upon Go Of ItS owu members." Peoplev. Tremaine;168 N:E. 817, 822 (N.Y. Ct. App. 1929).
AttorneyGeneral'sOpinionNo. O-4609 (1942)is also in point. That opinionconst~eB a rural aid appropriation bill (H.B. 284, Acts 47th Leg., R.S., 1941, ch. $9, p. 880). In that statutea joint legislativeadvisorycomnittee,composed of five Senatemembersand five House members,was given power to approvenumeroustransactions,includingthe receiptof tui- tion paymentand @anspotiation aid by schooldistricts. The AttorneyGeneralruled that only so much'ofthe act as created a joint 1egisLativeadvisoFycommitteeto study schoollaws as an aid to their recodification was constitutional,whereasthe provisionsimposingupon said committeeof the Legislaturethe authorityto administerthe law were unconstitutional. ,_
l6J Scogginv. State, 38 S.W.2d 592 (Tex. Grim.App. 1931).
II/ Springerv. PhilippineIslands,277 U.S. 169, 202 (1927)
W StOCkmanV- L-=aaY,55 Colo. 24, I29 Pac. 220 (1912). Hon. Allan Shivers,Page 17 (V-1254)
Therefore,in so far as the powersend dutiesof the LzgislativeBudgetBoard are extendedin HouseBill 4.26beyond the dutiesprescribedfor that Board in the statuteby which it was created,the Legislaturehas attemptedto placeupon the Board dutieswhich are in violationof Section1 of ArticleII of the Terns Constitution.
HouseBill 426 containsa total of 235 riders. Their validityor invaliditycan be determiuedin most instancesby applyingto each specificrider the generalrules herelnstated. In some instances,however,the question&ay be closeenoughto require additionalopinions.
At this time severalopinionrequestsare pendingin this officerelatingto the validityof specificriderswhich hzve not been discussedin this opinion. We shallbe pleased to furnishyou a copy of each additionalop$nionas it is corn- pletd.
In so far as Section35 of ArticleIII of the Texas Constitutionis concerned,in aaditionto ap- propriating money and stipulatingthe amount,msnuer, and purposeof the variousitems of expenditure to variousdepartments and accounts,a generalapproprla- tion bill may containeny provisions.or riderswhich deteil,limit,or restrictthe use of the fun&3 or otherwiseinsurethat the money is spentfor the re- quiredactivityfor which it is thereinappropriated, if the provisionsor ridersare necessarilyconnected with and incidentalto the appropriation and provided they do not conflictwith generallegislation.
Ridersprovidingfor accountingproceduresin connection with the funds appropriated,lImitlugthe use of contingentexpenseappropriations; settingthe rates for travelexpenseto be paid from the.fundsto Stateemployeea,specifyingthe time of paymentof ,~~lzries appropriated and prohibitingthe use of ap- propriatedfunds for the paymentof salariesto "any employeewho uses alcoholicbeverageswhile on active duty" or.whoengagesin certainpoliticalactivities are valid in a generalappropriation