Case Information

*1 The Attorney General of Texas August 17, 1983 JIM MATTOX

Attorney General

Supreme I-. 0. BOX 12546 5121475.2501 Austin, Telecopier Telex QlO/674-1367 TX. 76711. Court Building 5121475.0266 Austin, Texas 78756 Robert Bernstein, M.D., F.A.C.P. Texas Department of Health Conrmissioner of Health 1100 West 49th Street Re: Whether rider to general article III, section 35 of the appropriations act violates Opinion No. JM-64 Texas Constitution Dear Dr. Bernstein: 1607 Main St.. Suite 1400 Dal,as. TX. 75201.4709

You ask whether a rider in the current general appropriations act 2141742.6944 satisfies article III, section 35 of the Texas Constitution, which prohibits the enactment of general legislation in an appropriations 4624 Alberta Ave., Suite 160 act. The rider you refer to provides the following: El Paso. TX. 799052793 9151533-3464 r, None of the Ul0*ep appropriated to the Department of Health and Department of Mental 1220 Dallas Ave.. Suite 202 Health and Mental Retardation may be expended for Houston, TX. 77002-6966 the training or medical treatment, except in 7131650-0666 emergencies, of any student or patient who is not

a citizen or resident of this state. For the 606 Broadway. Suite 312 purpose of this provision, affidavits from two Lubbock, TX. 79401-3479 reputable persons shall be deemed adequate 606,747.5236 evidence of citizenship or residency. (Emphasis

added). 4309 N. Tenth. Suite E McAllen, TX. 76501-1665 Acts 1981, 67th Leg., ch. 875, §Ze(l), at 3604. 5121662.4547

While Attorney General Opinion MW-538 (1982) addresses issues related to this rider, it does not specifically examine it in light of 200 Main Plaza, Suite 400 article III, section 35. Having applied the standards of that San Antonio. TX. 76205.2797 5121225-4191 constitutional provision to the instant rider, we find that it meets

the requirements of article III, section 35. An Equal Opporlunityl The principles relevant to the present inquiry are succinctly Affirmative Action Employel summarized in Attorney General Opinion M-1199 (1972) 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. Sheppared. [sic] 144 Tex. 537, 192 S.W.2d 559 (1946); Linden v. Finley, 92 Tex. 451, 49 S.W. 578 Dr. Robert Bernstein - Page 2 (JM-64)

(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 bill cannot repeal, modify or amend an existing general law. S;ate-v. Steele, 57 Tex. 203 (1882); Linden v. Finley, m; Moore v. Sheppard, supra; Attorney General's 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).

You do not challenge the propriety of the first sentence of the passage presented for our consideration, and we believe it does comply with the principles set out above. You contend that the second sentence of the passage

is an attempt to enact general law by establishing evidentiary criteria to limit the authority of this department to require proof of residency beyond the two affidavits standard recited in the [rider]. ; * *

However, you have not cited nor have we found any authority beyond the first sentence of the rider itself regarding the Department of Health's responsibility to determine citizenship or residency. See Attorney General Opinions H-556 (1975); H-156 (1973). It appears that the second sentence is merely an explanation or definition of what constitutes citizenship or residency for the purpose of the first sentence. Therefore, it meets the test of being necessarily connected with and incidental to the appropriation and use of funds and neither conflicts with nor amounts to general legislation. Attorney General Opinions V-1253, V-1254 (1951).

SUMMARY A rider in the current General Appropriations Act concerning citizenship or residency does not violate article III, section 35. of the Texas Constitution.

JIM MATTOX Attorney General of Texas *3 /,,

Dr. Robert Bernstein - Page 3 (JM-64)

TOM GREEN

First Assistant Attorney General

DAVID R. RICHARDS

Executive Assistant Attorney General

Prepared by Colin Carl

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

Rick Gilpin, Acting Chairman

Jon Bible

David Brooks

Colin Carl

Jim Moellinger