Untitled Texas Attorney General Opinion ( 1957 )

Honorable James A. Turman Opinion No. WW-310 Acting Executfve Director Texas Youth Council Re: Are the receipts of reimburse- 213 West 14th Street ments for materials and sup- Austin, Texas plies used in providing barber and cosmetology service to em- ployees under the provisfons of Section 9a of Article II, House Bill 133, Acts 55th Legislature, Regular Session, 1957, Chapter 385, page 92‘7 s reappropriated, and are these receipts to be deposited to the appropriation account from which such mater- Dear Dr. Turman: fals and supplies are purchased? You have requested an opinion of this office in which you pose the followfng questions relative to the provisions of Section 9a of Article II of House Bill 133 of the 55th Legisla- ture : To Are receipts from materials or supplies used in providing barber and cosmetology service for employees reappropriated? ‘“2, If the answer to the above questfon is fn the affirmative, are these receipts to be de- posited to the appropria,tionaccount from which such materials or supplies are purchased? Section 9a of Article II, House Bill 1339 55th Legis- lature, reads as follows : ‘*a y Barbers and cosmetoloaists nafd from aaaroariations made in this Article mav aerfm services for the emolovees of the %nstitutfon md charge for them, nrovfded the work is donta- ter their assigned workina hours and the State is. reimbursed for the materials or suaalies used, Rates of chareresshall be aDDrOVed bv the sovern- ins boards, Receipts collected under this sub- section are to be deposited in ,theappropriatfon account from which such materials OT supplies are Honorable James A, Turman, page 2 WJ-310) purchased, and are hereby reappropriated for ex- penditure.rD (Emphasis ours) Section 35 of Article III of the Constitution of Texas provides in part: "Sec. 35. No bill, (except general appro- priation bills, which may embrace the various subjects and accounts, for and on account of which moneys are appropriated! shall contain more than one subject, which shall be expressed in its title. * 0 Q89 It is our opinion that the underscored portion of Sec- tion 9a of Article II of House Bill 133 does not detail, limit or restrict the use of funds appropriated in House Bill 133 but provides the authority for the expansion of services which are not now authorized, We believe that Section 9a is a proper"sub- ject" of general legislation, and therefore, falls within the requirements of Se&ion 35 of Article III~of the Constitution of Texas, This being sop we believe that Attorney General's Opin- ions No, ww-96 (1957) and No. W-265 (1957) and the authorities nited therein, require us to hold that Section 9a of Article II of House Bill 133 is invalid and that, therefore, the procedure authorized by this Section may not 'belegally made operative. For this reason9 it becomes unnecessary for us to an- swer either of the two questions posed relative ,tothe remain- ing provisions of Section 9a of Arti.cleII, House Bill 133. SUMMARY Section 9a of Article II of House Bill 133, Acts 55th Legislature, Regular Session, 1957, Chapter 385$ page 92T9 is a proper 'ssubject'V of general legislation and is, therefore, invalid under the provisions of Section 35 of Article III of the Constitution of Texas. Yours very truly, WILL WILSON WCR:pfajl:wb Assistant Honorable James A, Turman, page 3 (ww-310) APPROVED: OPINION COMMITTEE Geo, P. Blackburn, Chairman John Minton B. H. Timmins, Jr. Fred Werkenthfn REVIEWED FOR THE ATTORNEY GENERAL BY: James N, Ludlum