Untitled Texas Attorney General Opinion

The Attorney General of Texas August 17, 1983 JIM MATTOX Attorney General Robert Bernstein, M.D., F.A.C.P. Opinion No. JM-64 Supreme Court Building I-. 0. BOX 12546 Conrmissionerof Health Austin, TX. 76711. 2546 Texas Department of Health Re: Whether rider to general 5121475.2501 1100 West 49th Street appropriations act violates Telex QlO/674-1367 Austin, Texas 78756 article III, section 35 of the Telecopier 5121475.0266 Texas Constitution 1607 Main St.. Suite 1400 Dear Dr. Bernstein: Dal,as. TX. 75201.4709 2141742.6944 You ask whether a rider in the current general appropriations act satisfies article III, section 35 of the Texas Constitution, which 4624 Alberta Ave., Suite 160 prohibits the enactment of general legislation in an appropriations El Paso. TX. 799052793 act. The rider you refer to provides the following: 9151533-3464 r, None of the Ul0*ep appropriated to the Department of Health and Department of Mental 1220 Dallas Ave.. Suite 202 Houston, TX. 77002-6966 Health and Mental Retardation may be expended for 7131650-0666 the training or medical treatment, except in emergencies, of any student or patient who is not a citizen or resident of this state. For the 606 Broadway. Suite 312 purpose of this provision, affidavits from two Lubbock, TX. 79401-3479 606,747.5236 reputable persons shall be deemed adequate evidence of citizenship or residency. (Emphasis added). 4309 N. Tenth. Suite E McAllen, TX. 76501-1665 Acts 1981, 67th Leg., ch. 875, §Ze(l), at 3604. 5121662.4547 While Attorney General Opinion MW-538 (1982) addresses issues 200 Main Plaza, Suite 400 related to this rider, it does not specifically examine it in light of San Antonio. TX. 76205.2797 article III, section 35. Having applied the standards of that 5121225-4191 constitutional provision to the instant rider, we find that it meets the requirements of article III, section 35. An Equal Opporlunityl Affirmative Action Employel The principles relevant to the present inquiry are succinctly summarized in Attorney General Opinion M-1199 (1972) as follows: An appropriation bill may detail, limit or restrict the use of funds therein appropriated or otherwise insure that the appropriated money will be spent for the purpose intended. Moore v. Sheppared. [sic] 144 Tex. 537, 192 S.W.2d 559 (1946); Linden v. Finley, 92 Tex. 451, 49 S.W. 578 p. 276 4 Dr. Robert Bernstein - Page 2 (JM-64) (1899); Attorney General's Opinions O-445 (1939), V-1253 (1951), V-1254 (1951), 2959 (1935). V-1196 (1951). A rider attached to the general appropriation bill cannot repeal, modify or amend an existing general law. S;ate-v. Steele, 57 Tex. 203 (1882); Linden v. Finley, m; Moore v. Sheppard, supra; Attorney General's Opinions 1745 (1917), 2787 (1929), 2965 (1935). 2970 (1935), O-445 (1939), O-1837 (1940). O-2573 (1940), O-5329 (1943), V-412 (1947), V-894 (1949), V-1196 (1951), V-1254 (1951), M-1141 (1972). You do not challenge the propriety of the first sentence of the passage presented for our consideration, and we believe it does comply with the principles set out above. You contend that the second sentence of the passage is an attempt to enact general law by establishing evidentiary criteria to limit the authority of this department to require proof of residency beyond the two affidavits standard recited in the [rider]. ; * * However, you have not cited nor have we found any authority beyond the first sentence of the rider itself regarding the Department of Health's responsibility to determine citizenship or residency. See Attorney General Opinions H-556 (1975); H-156 (1973). It appears that the second sentence is merely an explanation or definition of what constitutes citizenship or residency for the purpose of the first sentence. Therefore, it meets the test of being necessarily connected with and incidental to the appropriation and use of funds and neither conflicts with nor amounts to general legislation. Attorney General Opinions V-1253, V-1254 (1951). SUMMARY A rider in the current General Appropriations Act concerning citizenship or residency does not violate article III, section 35. of the Texas Constitution. JIM MATTOX Attorney General of Texas p. 277 /,, Dr. Robert Bernstein - Page 3 (JM-64) TOM GREEN First Assistant Attorney General DAVID R. RICHARDS Executive Assistant Attorney General Prepared by Colin Carl Assistant Attorney General APPROVED: OPINION COMMITTEE Rick Gilpin, Acting Chairman Jon Bible David Brooks Colin Carl Jim Moellinger p. 278