EATTOECNEY GENE
FTEXAS
Honi Wi,S.,Heatly, Chairman
Appropriatiohs Cominittee
HoUse of Representatives
House
Austin, Texas
Opinion No. C- 447
Re: Validity of a "rider" in
the General Appropriation
Bill to authorize and re-
quire pre-audit procedures
by the Comptrollerof Pub-
lic Accounts of claims
Dear Representative Heatly: against the State.
You? request for an opinion reads as follows:
"House Bill No. 12, 59th Legislature, 1965,
the General Appropriations Bill for the 1966-
1967 bienniumj contains the following provis-
ions (in,Aeticle 5, Section 57, INTERPRETATION
CF LEGISLATIVE INTENT): 'It is specifically pro-
vided; however, that none of the monies tippro-
@Fiat&d by this Act may be expended to pay the
claim of any person against the State unless and
until such claim has been pre-audited by the
Comptroller of Public Accounts, and no claim
shall be approved by the Comptroller for payment
frOn,the appropriations made herein except it be
fdr an authorized public purpose for which an ap-
propr+ation has been made. "Pre-audit" as used
in this paragraph shall mean an examination of a
claim prior to payment for its validity, accuracy
of facts5 and availability of appropriation. In
such pie-audits of claims properly submitted to
him+ the Comptroller shall make such individual
fact finding as he deems necessary to safeguard
the rights of the State and to comply with Legis-
lative intent as,evidenced by this paragraph. It
is also the intent of the Legislature that State
agencies for which appropriations are made by this
Act shall assist the Comptroller in such pre-audits
-2122-
Hon. W. S. Heatly, page 2 (C-447)
by furnishing him with records, information; and
other data necessary to audit properly any claim
against the appropriation herein made. However,
nothing in this paragraph 'shallbe construed to
give the Comptroller the right to refuse to pass
for payment a legal claim, factually justified, for
which a valid appropriation has beenmade.' This
provision incorporates the intent of Senate Bill
No. 233 which failed to pass in the House of Repre-
sentatives during this session.
"The Committee on Appropriations has requested
me to ask for your opinion as to the constitutional-
ity of the provision. Is such a provision germane
to an appropriations bill? Does it attemot to con
dition or limit the expenditure of funds, or does it
attempt to amend pre-existing law?"
In determining the validity of the proposed language of a
"rider" as set out in your request, we are governed by the prin-
ciples of law announced in the authorities cited in Attorney Gener-
al's Opinion C-443. It was stated in Attorney General's Opinion
c-443:
"It is well established that general legisla-
tion cannot ,be included within a general anoronria-
tion bill. Moore v. Sheppard, 1421Tex. 537; 152 S.W.
2d 599 (u346~*Att General's Opinions V-1254
(1951) and wig6 (YE%. In addition, it is also
well established that a 'rider in a general appro-
oriation bill cannot reaeal. modifa or amend an
existing general law. Co&y v. Daughters of the
Republic, 106 Tex. 80, 139b E:!: 57i
19 1899
1 13 . Linden
V. Finley, 92 Tex. 451, i State
v. Steele, 57 Tex. 203 (18821,; Attorney Gene-
-'-Nos.
Oplnlons V-1254 (1951) and ww-96 (1957).
II
. . .
"In view of the :f.aregoing
authorities, we are
of the opinion that the 'ri.der'appearing in the
General Appropriation X11, House Bill 12 of the
59th Legislature, at Section 4, ,pageV-33, which
would purport to provide for the mandatory retire-
ment at age seventy (70) of statutory officers and
employees of the State of Texas is invalid for the
reason that such 'rider' would have the effect of
repealing or modifying the provisions of Article
6252-14. In addition to the foregoing, we are of
the further opinion that the aforesaid 'rider' falls
-2123-
Hon. w. S. Heatly, Page 3 (C-447)
within the classification of being general legisla-
tion and is, therefore, not properly included within
a general appropriation bill.'
Under the existing provisions of the Constitution and'
statutes of the State, valid and legal obligations of the State
are required to be paid from appropriations'made for the purpose
of paying such claims. In other words, if a claim against the
State of.Texas is supported by pre-existing law in compliance
with Section 44 of Article III of the Constitution of Texas, and
there are available valid appropriations from which such claim
may be paid, the Comptroller of Public Accounts is required to
;;~;l;,",
warrant to pay such claim when presented to the Comp-
.
The procedure of the Comptroller in auditing claims and
issuing warrants in payment of such claims is prescribed in
Article 4357, Vernon's Civil Statutes. The provisions of Arti-
cle 4357 do not provide for a pre-audit as defined in the lang-
uage set out in your request and this office has been unable to
find any constitutional or statutory provision requiring the
Comptroller to determine "the accuracy of facts" contained in a
claim presented to the Comptroller for payment. In Attorney
General's Opinion c-69 (1963) it was stated:
"In passing upon the authority of the
Texas Youth Council to procure rent housing
for such business managers under a similar
legislative mandate, Attorney General's Opin-
ion w-760 (1959) stated:
"*Since your opinion request states that
no housing is available at the Crockett School,
and the Legislature did not specify that a house
was to be built by the Texas Youth Council, and
did not provide funds for erecting a building,
and it is clear that it intended that the Busi-
ness Manager of Crockett School was to be housed
at the State's expense, it is our opinion that
the Texas Youth Council may provide a house for
the Business Manageof this School by paying a
reasonable amount of rent for such housing.
"'The Question as to the Comptroller's au-
thoritv to issue warrants in oarment of such rent
is also answered in the affirmative. The Comp-
troller has only the ministerial duty of issuing
the State warrants.' (Emphasis added)."
-212$-
Hon. W. S. Heatly, page 4 (C- 447)
Therefore, the language contained in the proposed "rider"
set out in your request would modify or amend the existing
general law'providing for the auditing of claims and the ,issu-
ing of warrants by the Comptroller of Public Accounts. Purther-
mbre, such language, in our opinion, falls within the classifi-
cation of being general legislation and therefore is not proper
ly included within a general appropriation bill.
SUMMARY
A proposed "rider" to provide for "pre-
audit" procedures by the Comptroller of Public
Accounts of claims against the State of Texas,
whe,rebythe Comptroller is required, among other
things, to determine "the accuracy of facts"
contained in such claim, modifies existing statu-
tory provisions regarding the auditing of claims
and the Issuance of warrants and constitutes a
subject for general legislation and is therefore
invalid, since such provisions cannot properly
be included within a general appropriation bill.
Yours very truly,
WAGGONER CARR
Attorney General
John Reeves
Assistant
JR:ms
APPROVD:
OPINION COMMI'ITEE
W. V. Geppert, Chairman
Pat Bailey
Brady Coleman
W. 0. Shultz
Marietta Payne
APPROVED FOR THE ATTORNEY GENERAL
By: Stanton Stone
-2125-
Untitled Texas Attorney General Opinion
Combined Opinion