Untitled Texas Attorney General Opinion

The Attorney General of Texas
r---------.-
JIM MATTOX June 18, 1984
Attorney General
Supreme Court Building Opinion NO. .TM-167
Mr. John C. Wilson
P. 0. BOX 12548
Austin. TX. 78711.2543
Btecutive Director
512l4752501 State Commission for the Blind Ret Whether the State Commission
Telex 910/874-1367 P. 0. Box 12866 for the Blind my contract with
Telecopier 512147502SE Austin, Texas 78711 private organIzationa to perform
rehabilitative services for blind
714 Jackson, Suite 700 adults
Dallas. TX. 75202.4508
214,742.&M Dear Mr. Wilson:
4824 Alberta Ave.. Suite 160
The General Appropriations Act of the Sixty-eighth Legislature
El Paso. TX. 79905.2793
includes the sum of $272,146 for older blind contract training in the
915/533-344 appropriation to the State Comission for the Blind for each of the
fiscal years ending August 31, 1984 and August 31, 1985. Acts 1983.
68th Leg., ch. 1095, art. II. 15~. at 5949. The Appropriations Act
1 Texas. Suite 700
also contains the following rider:
nousto”. TX. 77002.31 t 1
713i223-&!s
9. It is the intent of the Legislature that
out of funds appropriated above in item 5.~. Older
806 Broadway. Suite 312 Blind Contract Training an amount not to exceed
Lubbock, TX. 79401.3479 $272,146 each fiscal year shall be expended for
8061747.5238
entering into a contract with the Texas Lions
League or a similar organization to provide
4309 N. Tenth. Suite S rehabilitative services to blind adults at the
MeAllen. TX. 78501.1885 Texas Lions Camp for Crippled Children at
512,SS2-4547
Kerrville or at a similar facility located outside
Austin. At the end of the 1984 fiscal year, the
200 Main Plaza, Suite 400 Executive Director of the State Commission for the
San Antonio, TX. 782052797 Blind shall submit a fiscal report for
51212254191 consideration by the commission for continuation
of such contract beyond the 1984-1985 biennium.
An Equal Opportunity/
Affirmative Action Employer Acts 1983, 68th Leg., ch. 1095, art. II, 19, at 5954.
The Texas Lions League for Crippled Children is discontinuing its
training program for older blind at Kerrville, Texas, on May 31, 1984.
You ask whether the Commission for the Blind may use funds
appropriated in item 5.~. to contract with Lighthouse organizations to
perform rehabilitation services to blind adults. We conclude that the
commission is authorized to expend item 5.~. funds with such
organizations for older blind contract training.
p. 736
- .-,
Mr. John C. Wilson - Page 2 (JM-167)
The Texas Supreme Court has long construed article III, section
35 of the Texas Constitution to prohibit the enactment of general
legislation in a general appropriations bill. See Moore v. Sheppard,
192 S.W.2d 559, 561 (Tex. 1946); Attorney General Opinion V-1253
(1951). Article III, section 35 provides, in part:
[no] bill, (except general appropriation bills,
which may embrace the various subjects and
accounts, for and on account of which moneys are
appropriated) shall contain more than one
subject . . . .
Therefore, as long as a general appropriations bill includes only
subjects of appropriating money and limiting the use thereof in
harmony with general legislation, it may relate to any number of
different "subjects and accounts." Attorney General Opinion V-1254 at
6 (1951).
It is well established that a rider to a general appropriation
act is valid if its only effect is to "detail, limit or restrict the
use of funds therein appropriated" and if it does not conflict with
general legislation. See Attorney General Opinions IN-585 (1982);
-,
M-1141 (1972); V-1254.v-1253 (1951). Hence, the legislature cannot
make mandatory by a general appropriation rider that which general law
makes permissive or discretionary. Attorney General Opinion MU-104
(1979).
The rider in question is not confined to detailing, limiting, or
restricting the expenditure of the appropriated sum, but attempts to
confer an affirmative duty on the cosasission to expend the
appropriated funds to "enter into a contract with the Texas Lions
League or a similar organization to provide rehsbilitation services to
blind adults at the Texas Lions Camp for Crippled Children at
Kerrville or at a similar facility located outside Austin." See
Attorney General Opinions MW-585, MU-104, MW-51 (1979) (holding valid
a rider that directed use of funds by state agency to construct
building and holding invalid a rider directing state agency to take
affirmative action to impose certain parking fees); cf. Coatea v.
Windham, 613 S.W.2d 572, 575-76 (Tex. Civ. App. - Auxn 1981, no
writ); but see Attorney General Opinion Mw-389 (1981). Section
91.052(b)othe Human Resources Code places the decision to enter
into such a contract within the discretion of the commission. Section
91.052 provides, in pertinent part:
(a) The commission shall conduct a program to
provide vocational rehabilitation services to
eligible blind disabled individuals.
p. 737
. -( .
Mr. John C. Wilson - Page 3 (JM-167)
(b) To achieve the purposes of the program,
the commission may:
(1) cooperate with other public and private
agencies in studying the problems involved in
providing vocational rehabilitation and in
establishing, developing, and providing
necessary or desirable facilities and
services . . . .
Because the general appropriation rider in question attempts to
make mandatory that which general law makes permissive or
discretionary, we conclude that the rider is invalid general
legislation contained in a general appropriation act in violation of
article III, section 35 of the Texas Constitution. See Attorney
General Opinion MW-585 (1979). We overrule the opinioncontained in
Attorney General Opinion MU-389 (1981).
Under the authority granted by section 91.052(b)(l) of the Human
Resources Code, the commission, in its discretion, may use funds
appropriated in article II, section 5.~. of the current general
appropriations act to contract with public or private agencies to
provide rehabilitation services to blind adults.
SUMMARY
The State Commission for the Blind way use
funds appropriated by article II, item S.C., ch.
1095, at 5949 of the Sixty-eighth Legislature to
contract with public or private agencies for older
blind contract training. The rider relating to
funds appropriated in item 5.~. violates article
III, section 35, of the Texas Constitution, in
that it attempts to make mandatory the entering of
a contract which is permissible under general law.
Attorney General Opinion MW-389 is overruled.
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
p. 738
Mr. John C. Wilson - Page 4 (JM-167)
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Nancy Sutton
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton
p. 739