Untitled Texas Attorney General Opinion

HEATTORNEY GENERAL
QIF~EXAS
Auwrxu 11. TExae
PRICE DANIEL
ATTORNEY
GENERAL October 8, 195s
Hon. Coke R, Stevenson, JP.
Admfnfstrator
Texas Liquor Control Board
Austin, Texas Opinion Noa V-1304
Re 4 Validity of the rider in
the general approprfatlon
bfli Pop the biennium end-
ing August 31, 1951, which
requfres a transfer of
$5,QOO Prom the Confiscat-
ed Liquor Fund to the Qen-
era1 Revenue Fund.
Dear 53~:
You have requested an opfnfon of this office as
to the valfdfty of the following rldep fn the general ap-
propriation bPPP for the biennium ‘ending August 31, 1951,
(H.B. 322, Acts 51st Leg., R.S. 1949, eh. 615, pe 1208,
at p. 1350):
"(24) Trsnsfer Prom SpecfaP Funds,
In addition to the sums to be transPepred
to the General Revenue Fund from special
funds as heretof”ore authorized fn thfs
Act and fn other Statutes, there fs here-
by approppfated and the Comptroller and
Treasurer shall tPanst”er durfrgeaeh year
of the biennium begfnnfng September 1, 1949,
the following sums out of the respective
special funds to the General Revenue Fund
for the purpose of repaying said General
Revenue Fund fop services rendered by the
admfnfstratfve departments cpperatflag from
General Revenue appropriations: 0 . .Lfquor
Conffscatfon Fund, Five Thousand Dollars
($5,000); D . .l(
By a general statute whfch amended Section 30 of
the Texas Liquor Control Act (Art. 666-30, V.P.C.) the 5lst
Legislature allocated 35s of all moneys recovered each bi-
ennfum Prom the sale of confiscated Pfquor, oontainer#, and
certafn other property to the Confiscated Liquor Fund and
placed the authority for its disposftfon fn the Liquor Con-
trol Board in the followfng language:
.
Hon. Coke R. Stevenson, Jro, Page 2 N-1304)
‘l(b) Thirty-five per cent (35%) of all
moneys derived from the sale of alcoholic
beveraF:es, containers, any devfce in which
said alcoholic beverages are packeged or
property, as authorized In Paragraph [a) &f
this Section shall be placed in a separate
violations of the provisions of this Act and
to defray the expenses incurred in assa&iag,
storing, transporting, selUng and accounting
for said confiscated alcoholic beverages,
of the Texas Liquor Control Act, Any une%-
pended portion of said fund at the end of rash
biennium shall remain tn said fund subjeat to
fusther approprZation for such pm osea..R
(H.B. 84, Acts 5Zst Le 0B R.9, 19& chv 543,
p* 1011, at p. 1032. 7 Emphasis added)
It is thus seen that the general statute make6
available to the Liquor Control Board, when appropriated,
the money fn the Confiscated Liquor Fund. The money is
to be used for certain dosigaated expenses and for anp
other purpose deemed neoessary by the Board.
The rider in the general appropriatfon bill,
e which appropriates $5eOO0 from the Confiscated La-
&d for services rendered by the adminfotratlve de-
z%ments is in conflict with, and therefore is necesea+
j.1~ an attempt to alter or amend, the general statute
which makes the Confiscated Liquor Fund available f0 ad
places the authority to expend et 4`` the Liquor CC&~
Board. There Is no doubt that the Legislature mu&d by a
general statute effect this $5 000 transfer,
143 Tex. 421f; 185 SOU,2d
x?e may not alt& or amend a
ute by a rider In a general appropriation bill@ Att’p OeB.
op. V-1254 (19521,
The fact situation presented here is lntlralp
different from that presented in Att’y Gon. OpO V-1267
Hon; Coke R. Stevenson, Jr., Page 3 (V-1304)
a95k)o That opinion was based on the fact that the Leg-
islature orfgfnally made only a 20% approprfatfon instead
of the 35% allocated by Article 666-30 VoPaCe The Lag-
‘slature then allocated the remafnfng i!$ by rider for
certain expenditures allowed under Article 666-30,but
Zeft the determination of whether the money was to be so
expended with the Liquor Control Board in complfance with
the. general statute0 This was merely an additional appro-
priateon within the 35% Ifmit and was held valid.
The rPder now under discussfon does not make the
$SnOOO available to the Board or leave the determination
of whether the $5,000 should be expended to the discretion
and judgment of the Board, and it thereby attempts to amend
the general statute, Although t,he Legfslature might appro-
priate a portion or all of the Confiscated Liquor Pund to
be used at the discretfon of the Board for specified exe
ponses authorZzed under the Act, it may not by a rfder fn
the general appropriation bill transfer an amount from this
fund to another fund. Att”y Gen” OpO V-:412 (1947) ., There-
fore, the $5sOOO most remafn fn the Confiscated Liquor Fund;
and p since the biennium in question fs at an end, it must
be carried over as an unexpended balance to the next bien-
nium in accord with the general statute,
The Legislature cannot, by a rider to the
general appropriation b%ll for the biennium end-
eng August 31, 1951 (-HUB. 3220 Acts 5lst Lego,
R-SD 1949, chO 6P!jg p0 1208 at p0 %j5G>c require
the transfer of $5eOOO from the Conffscatad L%-
quor Fund, since such rider is in conflict with,
and attempts to amend9 the general stat&r which
provfdes that the Confiscated Liquor Fund shall
be available to the Liquor Control Board for.
certain designated expenses and for other pulp-
poses deemed necessary by the Board. Attqy Gen,
op, v-1254 (19513.
APPRO%3D6 Yours very truly,
C. K, Rfchards PRICE DANXRL
Trial & Appellate Division Attorney General
Jesse P, Luton, Jr.
Revfewfng Assistant
Byf v$J-@-
Charles Do Mathews E, Wa a Thodr
Ffrst Assestant Assistant
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