Untitled Texas Attorney General Opinion

February 17, 1989
Sam A. Nixon, M.D. Opinion No. JM-1018
Chairman
State Rural Medical Re: Validity of a rider trans-
Education Board ferring duties from the State
P. 0. Box 12663 Rural Medical Education Board
Austin, Texas 78711 to the Coordinating Board
(RQ-1612)
Dear Dr. Nixon:
The legislature created the Texas Medical Education
Board pursuant to article III, section 50a, of the Texas
Constitution. That article provides:
The Legislature shall create a State Medical
Education Board to be composed of not more
than six (6) members whose qualifications,
duties and terms of office shall be pre-
scribed by la'w. The Legislature shall also
establish a State Medical Education Fund and
make adequate appropriations therefor to be
used by the State Medical Education Board t0
provide grants, loans or scholarships to
students desiring to study medicine and
agreeing to practice in the rural areas of
this State, upon such terms and conditions as
shall be prescribed by law. The term 'rur.al
areas' as used in this Section shall be
defined by law.
Tex. Const. art. III, 5 50a. The enabling legislation for
this amendment may be found in article 4498c, V.T.C.S.
You note that a rider in the General Appropriations Act
for the 1988-89 Biennium states that it "is the intent of
the Legislature that the operations and responsibilities of
the State Rural Medical Education Board be transferred to
the Coordinating Board, Texas College and University
System." General Appropriations Act, Acts 1987, 70th Leg.,
2d C.S., ch. 78, art. III, at 725.
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Dr. Sam A. Nixon - Page 2 (JM-1018)
You relate that the Rural Medical Education Board
has declined to enter into an interagency
contract with the Coordinating Board and has
instead continued operations in unused
space in an existing state office building.
The . . . Acting Director has been serving
without pay since September 1, 1988, and has
been relying on the unpaid assistance of his
wife, in order to keep the affairs of the
Board current. Both persons have been
properly appointed. Necessary expenditures
are being made from the appropriate budget
line items and no debt is being incurred.
In light of these circumstances, you ask two questions:
(1) Whether rider No. 3 [to the appro-
priation for the Rural Medical Education
Board in the General Appropriations Act] is
valid, given that it appears to be general
legislation contained in an appropriations
act in violation of the unity-of-subject
clause of article III, section 35 of the
Texas Constitution, and given that it may be
a de facto termination by the Legislature of
an agency created by the Texas Constitution:
and
(2) Whether the unpaid service of the
duly appointed employees of the Board is in
violation of any law.
Article III, section 35, of the Texas Constitution pro-
hibits the enactment of general legislation in a general
appropriations act. Noore v. Shenoard, 192 S.W.Zd 559,
561-62 (Tex. 1946). A rider to a general appropriations
bill may only "detail, limit, or restrict the use of funds."
Attorney General Opinions MW-585 (1982); WW-389 (1981);
RW-51 (1979); V-1254, V-1253. (1951).
In our opinion, the rider at issue here is unconstitu-
tional. It does not appropriate funds, nor does it detail,
limit, or restrict the use of funds appropriated elsewhere.
Rather it is a general directive in derogation of the
constitutional and, statutory directive concerning the
affairs of the Rural Medical Education Board. Because the
rider constitutes general legislation, it is violative of
article III, section 35, of the Texas Constitution, and
p. 5255
Dr. Sam A. Nixon - Page 3 (JM-1018)
hence, void and of no effect. $i,g~Attorney General Opinion
MW-585 (1982) (rider on cooperation between Board of Barber
Examiners and Cosmetology Commission). As an invalid
provision, it cannot require the Rural Medical Education
Board to take any action, either to enter into an inter-
agency contract with the Coordinating Board or to make an
effort to do so.1
State law forbids state agencies to accept donations of
money and property because expenditures may be made only
pursuant to authorization by the legislature. Tex. Const.
art. III, 5 44. See aeneralu Attorney General Opinion
JM-459 (1986) and the cases cited therein. The acceptance
of voluntary services does not involve the expenditure of
state funds.2 The absence of a specific authorization to
accept the donation of services hence is of no consequence.
&S Attorney General Opinion H-1318 (1978).
The board is authorized to employ a director and other
employees only "within the limits of funds made available
for such purposes." $8.8 V.T.C.S. art. 4498c, § 5(f). The
board thus in no case can bind the state to pay more than
the funds available during the time the appointments are in
effect. &S pickle v. Ej,l&y 44 S.W. 480 (Tex. 1898).
Accordingly, if the Rural Medic;1 Education Board continues
to accept the services of the employees which it has
appointed, then the employees, or their heirs and legatees,
may not assert a claim against the state for the value of
their services. S e aenerally Morrison v. Citv of Fort
Worth, 155 S.W.2d 9:8 (Tex. 1941); see also Broom v. Tvler
Countv Commissioners Court, 560 S.W.2d 435 (Tex. Civ. App. -
Beaumont 1977, writ ref'd n.r.e.).
1. The existence, nature, and duties of the Rural
Medical Education Board are prescribed in the Texas
Constitution, and it is axiomatic that only a properly
ratified constitutional amendment may alter the existing
constitutional provision.
2. We do not here address any issue of potential agency
liability for the acts of volunteers.
P. 5256
Dr. Sam A. Nixon - Page 4 (JM-1018)
SUMMARY
The functions and duties of the Texas
Rural Medical Education Board may not be
transferred to the Coordinating Board, Texas
College and University System, by means of a
rider to the General Appropriations Act. Tex .
Const. art. III, s 35. The Rural Medical
Education Board may accept a donation of
services from employees appointed to positions
by the board who agree to serve without
salary.
J h
Very truly you
k
JIM MATTOX
Attorney General of Texas
MARYEELLER
First Assistant Attorney General
LOU MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAELEY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by D. R. Bustion, II
Assistant Attorney General
p. 5257