Untitled Texas Attorney General Opinion ( 1975 )

March 26, 1975
The Honorable D. R. Uher Opinion No. H- 566
Chairman, State Affairs Committee
Box 2910 Re: Whether state employees
Austin, Texas 78767 may testify before legislative
committees in favor of or in
opposition to legislation.
Dear Chairman Uher:
YOU have asked whether state employees are prohibited by article V,
section 4 of the current General Appropriations Act, Acts 1973, 63rd
Legislature, Chapter 659, p. 2197 from testifying before legislative
committees in favor of or in opposition to legislation. That rider provides:
None of the moneys appropriated by Articles I,
II, III, and IV of this Act, regardless of their source
or character, shall be used for influencing the out-
come of any election, or the passage or defeat of any
legislative measure. This prohibition, however, shall
not be construed to prevent any official or employee
of the State from furnishing to any Member of the
Legislature, or to any other State official or employee
or to any citizen, any information or facts pertinent
to the official duties and responsibilities of the State
agency he represents.
This Appropriation Act rider does not purport to prohibit state
employees from testifying before legislative committees. It prohibits
only the expenditure of appropriated funds for that purpose where the official
duties and responsibilities of the state agency which the employee represents
are not involved. Normally, the only appropriated funds at issue in
such a circumstance are the salary and expenses of the employee incident
p. 2539
The Honorable D. R. Uher page 2 (H-566)
to time spent testifying. Therefore, if the employee testifies on his
own time and at his own expense, at a time when he is not being paid to
represent his agency, the rider is not applicable because no appropriated
funds are involved. See
-- also Alterman v. Philadelphia Housing Authority,
496 F. 2d 164 (3rd. Cir. 1974) cert. denied 42 L. Ed. 2d 72, which discusses
the constitutional right of a public employee to participate in nonpartisan
politics. Of course, another provision of this same rider prohibits the
expenditure of state funds to pay the full or partial salary of a state employee
who is also a paid iobbyist for any individual, firm, association or corpora-
tion.
Furthermore, the provision does not prevent a representative of
an agency from furnishing “any information or facts pertinent to the
official duties and responsibilities of the state agency. ” In our view,
this information may include a statement of support or opposition to
legislation where the statement is on behalf of an agency whose “duties
and responsibilities” are affected by the legislation. This information
may bye conveyed in any appropriate manner, including testimony before
a legislative committee.
It is therefore our opinion that the foregoing rider to the General
Appropriation Act does not prevent a state employee from testifying
before a legislative committee on his own time, nor prevent a representative
of a state agency whose duties and responsibilities are affected by the
legislation from testifying during working hours in support of or opposition
to legislation on behalf of his agency.
SUMMARY
The rider attached to the 1973 General Appropriations
Act prohibiting the use of appropriated monies to
influence the outcome of any election or the passage or
defeat of any legislative measure does not prevent a
state employee from testifying before a legislative
committee on his own time, nor prevent a representa-
tive of a state agency whose duties and responsibilities
p. 2540
I
The Honorable D. R. Uher page 3 (H-566)
are affected by the legislation from testifying
during working hours in support of or opposition
to legislation on behalf of his agency.
Very truly yours,
v Attorney General of Texas
Dw First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
p. 2541