Case Information
*1 The Attorney General of Texas MARK WHITE
Attorney General
Honorable Bob Bullock opinion No. w-498 Supreme P. 0. Box 12546 Austin, 5121475~2501 Telex Teleccxier 9101674-1367 TX. 76711. Court Building 512/475.0266 [2546] Austin, Texas 78774 Comptroller of Public Accounts L.B.J. State Office Building I&: Effect of appropriations act rider limiting payment of suits against the Department plaintiff's attorney fees in
of Corrections 1607 Main St., Suite Dallas, 2141742-6944 4624 Alberta El Paso. TX. 79905-2793 9151533.3464 TX. 75201.4709 Ave., Suite 160 in suits against the Department of Corrections. House Bill No. 9, Dear Mr. Bullock: appropriations act rider limiting payment of plaintiff's attorney fees enacted in the second called session of the Sixty-seventh Legislature, Acts 1981, 67th Leg., 2d C.S., ch. 2, at 8, provides appropriations You have requested our opinion regarding the effect of an
for various penal, adult correctional and criminal justice purposes.
1220 Dallas Ave., Suite 202 The statute provides, in pertinent part: Houston. TX. 77002.6966 7131650-0666 AN ACT relating to appropriations for the support of
606 Broadway, Suite 312 Lubbock, TX. 79401-3479 various departments of state government for penal, 6061747-5238 adult correctional, and criminal justice purposes
and for the conduct of elections and to appropriations for certain legal fees and court 4309 N. Tenth, Suite B cost and expenses. McAllen, TX. 76501-1665 5121662-4547
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 200 Main Plaza, Suite 400 San Antonio, TX. 76205-2797 SECTION 1. In addition to sums previously 5121225~4191
appropriated, the following sums are appropriated from the general revenue fund to the Texas An Equal Opportunity/ Department of Corrections for the period ending Affirmative Action Employer August 31, 1983:
1. a. Speedup of current projects, adapt permanent buildings for inmate housing, and cunstruction of additional units/beds 0.w498) b. Three employee dorms 2.490.000 2. Security and staff excluding fringe benefits normally paid from other funds 12.407.445 3. Transportation of inmates from jails 677,146 4. Utilities, operating, and equipment costs for units on line prior to February, 2,900,000 Total $5a,ia4,591 Less
Current available funds 7,095,841 Item j -- appropriations -- Site acquisition, Architectural Development and Construction TOTAL
It is the legislature's intent that none of the funds appropriated by Item 1 above shall be used to begin projects in such a way as would necessitate a request for an emergency appropriation from the 68th Legislature for the purpose of completing said projects.
. . . . SECTION 5. No state funds shall be expended in excess of $10,000 for plaintiff's attorney's or attorneys' fees, court costs, or other plaintiff's expenses in any one suit brought against the Texas Department of Corrections or any employee thereof unless the expenditure of said funds is specifically authorized by an appropriations act of the legislature which specifically identifies the plaintiff's attorney or attorneys and the suit or suits brought against the State of Texas or any board or agency thereof.
You first ask whether section 5 of House Bill No. 9 constitutes an invalid attempt to amend general law by an appropriations act rider.
Honorable Bob Bullock - Page 3 (Mw-498)
Article III, section 35 of the Texas Constitution has long been construed to prohibit the enactment of general legislation within an appropriations act. See Moore V. Sheppard, 192 S.W.2d 559, 561 (Tex. 1946); Attorney General Opinion NW-389 (1981). A rider to an appropriations bill is valid, however, if its only effect is to "detail, limit or restrict the use of the funds therein appropriated." Attorney General Opinions V-1253; V-1254 (1951). See also, Attorney General Opinions MW-51 (1979); M-1199 (1972). In our opinion, it is clear that section 5 merely imposes a limitation on the expenditure of appropriated funds.
In Attorney General Opinion V-1253 (1951). the Attorney General held that a rider providing that "no motor-propelled passenger vehicle may be purchased with any of the funds appropriated in this article" was "a mere limitation and restriction upon the use of the money appropriated by House Bill No. 426." Likewise, section 5 of House Bill 9 merely places a limit of $10,000 on certain kinds of expenditures. So long as that is its only effect, it is not violative of article III, section 35.
You also ask whether section 5 applies only to the appropriations made in House Bill No. 9 or whether it also imposes its restriction on the general appropriations act previously enacted by the Sixty-seventh Legislature, House Bill No. 656, Acts 1981, 67th Leg. ch. 875, at 3333. The opinions which have construed article III, section 35 have reneatedlv sanctioned riders which detail. limit or restrict funds "therein appropriated." (Emphasis added). Attorney General Opinions V-1253; V-1254 (1951). See Conley v. Daughters of the Republic, 156 S.W. 197 (Tex. 1913). House Bill No. 9 was enacted in a called session of the legislature. It does not purport to amend the general appropriations bill enacted in the regular session, nor does it make any reference thereto, except to state, "in addition to sums previously appropriated." It constitutes legislation entirely separate and apart from the earlier enactment. Since, in our opinion, a rider may restrict the expenditure of only those funds appropriated by the legislation containing the rider, we conclude that section 5 is not applicable to House Bill No. 656, enacted in the regular session of the Sixty-seventh Legislature.
You have not inquired about, and we need not address any potential conflict between section 5 and federal legislation. But see 42 U.S.C. §1988.
SUMMARY Section 5 of House Bill No. 9, Acts 1981, Sixty-seventh Legislature, 2d C.S., chapter 2, at 8, is not an invalid attempt to amend general law p. 1786 mw-498) by an appropriations act rider. It applies only to those appropriations made in House Bill No. 9. Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTRE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Richard Meyer
Jim Moellinger
Bruce Youngblood