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