Untitled Texas Attorney General Opinion

The Attorney General of Texas Aug,ust 23, 1985 JIM MATTOX Attorney General Supreme cOun Building Eouorable Bob Bullock Opinion No. JM-343 P. 0. Box 12548 Comptroller of Public Accounts Aua!in. TX. ram,. 2548 L.B.J. State Office Building Re: Applicability of article V. 5121475-2501 Austiu, Texas 787i 4 section 86 of the General Appro- Telex 9101874-1357 Telecopier 5121475-0266 priations Act, which requires the filing of financial statements by state employees 714 Jackson. Suila 700 Dallas. TX. 752024XJQ Dear Ur. Bullock: 2w742.a944 You have asked for the opinion of this office as to the applica- 4824 mm4 Ave.. Suite 160~ bility of article V. section ,86 of Rouse Bill No. 20. Sixty-ninth El Paso. TX: 79905.2793 Legislature,~ which is then General Appropriations Act for the 1985-87 91 Y533-34&( biennium. Section 86 is a rider vhich provides that 1001 Texas. Stile 7M) None of the funds appropriated to departments and Hous,on. TX. 77002~3111 agencies mvered in Articles I through~ IV shall be 7131223-5886 contractu,%lly~ obligated unless those employees who are responsible for entering into such contracts and for approving such expenditures have completed a06Broadway. Suite 312 Lubbock. TX. 794013479 financial disclosure statements and these finan- 8061747.5238 cial statsmeuts have been reviewed and approved by the board or co~issioa to which each employee is responstblc. All financial statements shall be on 4309 N. Tenth. Suile B McAllan. TX. 785obm35 file in the administrative offices of the respec- 512mK-497 tive depwtaent or agency, shall be submitted to the respcmsible board or connaission for approval annually, and shall be open to public inspection. 200 Main Plaza. Suile 400 San Antonio. TX. 78205-2797 You ask what, guidelines should be folloved regarding the scaremenl:s: ana. in . aetermlnlng .~ 51212254191 financial which employees are required to file them. An Equal OPPortunllYl Aflwnalwe Acl~on EmPloW General principles that are relevant to your inquiry were summarized in 1972 by Attorney General Opinion M-1199 as follows: An appropriation bill may detail, limit or restrict t,he use of funds therein appropriated or otherwise! Insure that the appropriated money will be spent for the purpose intended. Moore v. Sheppard, lb4 Tex. 537. 192 S.W.Zd 559 (1946); p. 1563 Aonorable Bob Bullock - P~gr 2 (~~-343) -~ - Linden v. Finley, 9:! Tex. 4Sl. 19 S.W. 578 (1899); Attorney General’s Cipinioos O-445 (1939). V-1253 (1951). V-1254 (1951:1, 2959 (1935). V-1196 (1951). A rider attached to the general appropriation bill cannot repeal, modify or amend an existins general lav. State-v. -- Stehe, 57 Tex. 203 (1882); Linden v. Finley, zupta; Moore v. Sheppard, ~upfa, Attorney General’s Opinions 1145 (1917). 2787 (1929): 2965 (1935). -2970 (1935). O-445 (1939). O-1837 (1940), O-2573 (1940). O-S329 (1943). V-412 (1951), (1947) ,I’;;,‘,” $l;% V-1196 (1951)‘, V-1254 3 - The Texas Supreme Court has c.onstrued article III. section 35 of the Texas Constitution to proh1,bit general legislation in the general anurovriation ~.. . bill. It is vs’ ll settled that a rider mav not conflict vith general law. -See, Jessw Associates, Inc. v. Bullo&, 531 S.U.2d 593. 600 (Tex. 1975);Atsi;r General Opinions m-167 (1984): MW-104. w-51 (1979). Article 6252-9b. V.T.C.S., is general law on the subject of financial statements ‘by state officers and employees. Section 1 states that It is the policy of the State of Texas that no state officer or tstate employee shall haves any interest, financ:itrl or otherwise, direct or indirect, or engae,e in any business transaction or professional actilrity or incur any obligation of sny nature which is in substantial conflict vith the proper dischar:ge of his duties in the public interest. To implement this policy and to strengthen the faith and coufidence of the people of Texas in theL:c state gwenment. there are provided standar 3:s of conduct and disclosure requirements to 'bte observed by persons owing a responsibility tcl the people of Texas and the govermeut of tht! State of Texas in the perfor- mance of their official duties. It is the intent of the legislature: that this Act shall seme not only as a guide for official conduct of these covered persons but also as J basis for discipline of those who refuse to abide by its term. Section 3(a) of that Ethicrl Act lists the persons vho are required to file financial statements with the secretary of state. The list includes every elected of f.lcer, salaried appointed off leer, appointed officer of a major state a$;ency, and executive head of a state agency. p. 1564 ,Rooorablc Bob Bullock - Page :I (JM-343) . - In addition, those persons rmd all other state employees are subject to the standards of conduct of section 8 of the Ethics Act. See Attorney General Opinions H-2b9, H-255 (1974). Section 4 of that Act specifiee the information which shall be Included in the financial statements. A rider relating to fi~mcial statements by state employees that Is merely declarative of existing law Is not invalid. Eence. it is our opiniou that the 1egis:lature intended the rider in question to implement the general law of article 6252-9b. Any broader construc- tion would cast serious doubt upoo the constitutionality of section 86. The guidelines to be folloved in determining vhich employees must file financial statements and the content of those statements. there- fore, are the guidelines prwlded by article 6252-9b. The persons who must file statements under section 86 are those lieted in article 6252-9b vho are also responsible for entering into agency or depart-, ment contracts and for applovfng expenditures thereunder. To comply with both article 6252-9b and the rider in the Appropriations Act, such persons Vho are in departments or’ agencies covered by articles I-IV of the Appropriations ,b:t should file a financial statement vith the secretary of state and ;annually submit a financial statement to the board, commlssion, or appropriate administrator vho will review and approve the statement urder the provisions of the new rider. This filing requirement Is not umonstitutionally inconsistent with article 6252-9b. See V.T.C.S. art. b252-9b. 99(a); Attorney General Opinion M-1199 (19‘-i;ir. A copy of the financial statement should remain on file in the department’s or agency’s administrative office and be open to public inspection. SUMMARY A rider attached to the General Appropriations Act cannot repeal, modify, amend, or conflict with an existing general law. Section 86 of article V of Rouse Bill No., 20, Sixty-ninth Legislature. does not do so; it merely implements article 6252-9b, V.T.C.S. Guidelines applicable to that rider are the ,+delines provided by article 6252-9b. J&b Vet-y truly’your JIII MATTOX Attorney General of Texas p. 1565 Ronorsble Bob Bullock - Page 11 (a-343) . TOMGREEN First Assistant Attorney Gencml DAVID R. RICRABDS Executive Assistant Attorney General ROBERTCRAP Special Assistant Attorney General RI'X GILPIN Chairman. Opinion Committee Prepared by Nancy Sutton Assistant Attorney General APPROVED: OPINIONCOIQ4ITTEE Rick Gilpin, Chairman Jon Bible Susan Garrison Tony Guillory Jim Moelllnger Jennifer Riggs Nancy Sutton Sarah Woelk Bruce Youngblood p. 1566