Case Information
*1 The Attorney General of Texas
December 18, 1979
Attorney General
Honorable Charles Murphy, Director Opinion No. MW-10 4 Texas Aeronautics Commission Re: Authority of the legislature
P. 0. Box 12607, Capitol Station to direct the charging of fees 410 East 5th Street through riders the General Austin, Texas 78711 Appropriations Act.
Dear Mr. Murphy:
You have requested our opinion whether the legislature, through a rider to the General Appropriations Act, may validly direct the Texas Aeronautics Commission to chame a reasonable fee for the publication entitled Texas Airport Directory. -
The commission’s authority to publish the Directory and other such publications is found in the general law in article 46c6, subdivision 8, V.T.C.S, which reeds in pertinent part:
The Commission may isme such aeronautical p&lie& tions as may be required in the public interest This statute includes no specific grant of authority for thi commission to set or charge fees for such publications, and statutes are “strictly construed against fixing a fee by implication, as regards both the fixing of the fee end the officer entitled thereto.” Moore v. Sheppard, 192 S.W.2d 559, 561 (Tex 1946). Therefore, the commission has no authority under article 46c-6, subdivision 8 to set or collect a fee for the Directory. However, article 4413(33), V.T.C.S., relates to the charge for sale of publications of executive departments and state agencies, and provides section 1 that:
Any.depertment or agency in the executive branch the state government may, unless otherwise of specifically directed by statute, set and collect a sales charge for DUbliCatiOnS end other Drinted matter when SUCK charges are deemed to be in the public interest
P- 324 *2 - Page Two (MW-104)
(Emphasis added.
Thus, article 44l3(33) clearly permits the Texas Aeronautics Commission, at its discretion end when it deems it in the public interest to do so, to set end charge a fee for any or all of the publications authorized by article 46~6, subdivision 8.
But, by rider to the General Appropriations Act of 1979, the legislature attempts direct the commission to set a fee for the Diectory. The specific language is found in article III, at III-8 of the act, end states:
The Commission is hereby directed to set a reasonable fee for the publication entitled Texas Airport Directory. Fun& received from sale of the publication shall be deposited to the General Revenue Fund
It is settled law in Texas that a rider attached to a general appropriation bill cannot repeal, modify or amend an existing general law. See Attorney General Opinions V-1254, The legislature cannot make mandatory by a general V-1253 (1951), and cases cited appropriation rider that which the general law makes permissive or discretionary. &
In Attorney General Opinion MW-51 (19791, the above Opinion V-1254 was relied upon, and stated:
. . . a general appropriation bill may contain any provisions or riders which detail, limit, or restrict the use of funds or otherwise insure that the money is spent for the required activity for which it is therein appropriated, if the provisions or riders are necessarily connected with end incidental to the appropriation and use of the fun&, and provided they do not conflict with general legislation.
As ln the case of MW-51, which dealt in this instance with a General Appropriations Act rider directing the State Board of Control to set certain minimum and maximum pad&g rates, the rider directing the Commission to set e reasonable fee for the Directory “neither appropriates nor details, limits or restricts the use of funds.” It is instead a general directive to the Texas Aeronautics Commission to take certain affirmative action, and it may not validly be included in the General Appropriations Act.
Furthermore, the language of the rider directing that funds “received from sale of the publication shall be deposited to the General Revenue Fund’ conflicts with the general law stated in section 3 of article 4413(33), which provides that:
Money collected from the chalges authorized by this Act shall be
deposited the fund from which the costs of printing the respective publications or materiels were onginelly pald, end such moneys shall be subject to epproprlatlon by the Legislature.
(Emphasis added. *3 (NW-104) - Page Three
SUMMARY The Texas Aeronautics Commission has the authority to set and charge a fee for its publications issued in the public interest. A General Appropriations Act rider directing the Texas Aeronautics Commission to set a reasonable fee for the publication entitled Texas Airport Directory is invalid since it is an attempt to enact general legislation in the appropriations act.
Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Bob Gemmage
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairmen
David B. Brooks
Walter Davis
Bob Gemmage
Susan Garrison
Rick Gilpin
William G Reid
Bruce Youngblood