Untitled Texas Attorney General Opinion

Hon. Paul H. Brown Fire Insurance Commissioner Board of Insurance Commissioners Austin, Texas Opinion NO. v-1336. Re: Constitutionalityof a rider in the general appropriation bill prescribing the method of handling expense money collected pursuant to Art. Dear Sir: 4898, V.C.S. You have requested an opinion of this of- fice regarding the constitutionalityof the following rider in the general appropriationbill for the bien- nium ending August 31, 1953: “Provided also that such sums as are received by the Fire Division as provided by Article 4898 R.C.S. shall be deposited to the DepartmentalSuspense Account in the State Treasury. Expenses of State Bm-’ ployees incident to the investigations shall be paid from travel expenses herein- above appropriatedand such travel expense appropriationshall be reimbursed for the actual amounts ex ended under the provi- sions of Article t898 R.C.S.-by a transfer from the amount on deposit in the Depart- mental Suspense Account.‘I (H.B. 426 Acts R.S. 1951, ch. 499, p. 1238, at Your first question is as follows: “Is this ri’dervoid and of no effect by virtue of Section 35, Article 3 of the Constitutionby reason of the fact that the subject matter thereof is not quoted in the caption of H.B. No. 4261 (Refer- ence Attorney General’s opinion v-1254, dated August 25, 1951, and cases cited.)” Hon. Paul H. Brown, page 2 (~-1.336) The general rule as to captions is stated an Antonio and A. P. RY. v. Statq 128 Tex. 33, ;? z.W.2.d680, 688 (1936), as followsl II The generality of the title .. . is no objection to it so long as it is not made a cover to legislationwhich by no fair intendment can be considered as having a necessary or proper connection. Jo v. City of Terre11 (Tex.Civ.App,) 13g S.W. 213, 215; city of Aransas Pass v. Keeling, Atty. Gen., 112 Tex. 339, 247 s.w. 818. "'It would be burdensome if not in- tolerable to require that the title should be as full as the act itself. The word "title" implies that no such require- ment exists. The purpose of the constitu- tion-1 provision is merely to reasonably apprise the legislatorsof the contents of tne bill, to the end that surprise and fraud in legislationmay be prevented.' Doeppenschmidtv. I. & G. N. R.R. Co., 100 Tex. 532, 101 S.W. 1080, 1~181.~~ Thus, so long as the title gives notice of the contents of the body of the act, there is no evil in generality. However, when the caption provisions are narrow and restrictive,portions of the act broad- er than the caption are unconstitutional. Att'y Gen. Op. V-1253 (1951). We are of the opinion that the rider in question properly falls under the following portion of the caption to the general appropriationact: "An Act . . . prescribingcertain specific procedures, rules, regulations,restrictionsand limitations re- lating to and governing the expendituresof appropria- tions made herein . . .I1 The rider acl;;pr+aEe;thgor funds collected by virtue of Article certain designateduses and sets up the piocGd&g'for utilizing the appropriation. The title provision is general in form, but it gives sufficientnotice of what is attempted by the riderj hence there is no vio- lation of Article III, Section 35 of the Texas Consti- tution. Hon. Paul H. Brown, page 3 (v-1336) The remainder of your questions,deal with the means of utilizing the required deposit, and the answers depend on a determinationof whether this rider attempts to incorporategeneral legislation within an appropriationbill or to altar, amend, or repeal a general statute. If the rider does make it is unconstitutional. Att'y Gen. :;:hvz2;Y3;i). If not, the rider provisions must be followed. Pour questions are as follows: "1s the rider invalid, illegal and in- effective by reason of the fact that it at- tempts to or does, in a general appropria- tion bill repeal, modify, or amend an existing iaw, to wit: Article 48981 "Does the rider effectuallyrequire an insurance company requesting an investiga- tion of a fire and the State Insurance Com- mission to deposit in the State Treasury the funds evidencing the expenses of the State Fire Marshall or other suitable person to act for him, which funds are for expenses as provided in Article 48981 "Are such funds, as provided in Article 4898 as expenses for the State Fire Marshal or other suitable person designated to act for him under the General Statute Article 4898, such funds as become subject to legis- lative control or regulationby rider direc- tion to an appropriationbill?" Article 4898, V.C.S., provides: "If for any reason the State.Pire.Mar- shall is unable to make any required investi- gation in person, he may designate the fire marshal of such city or town or some other suitable person to act for him; and such per- son so designated shall have the same author- ity as is herein given the State Fire Mar- shal with reference to the particular matter to be investigatedby him, and shall receive such compensationfor his services as the State Insurance Commission may allow. If the Hon. Paul H. Brown, page 4 (v-1336) investigationof a fire is made at the request of an insurance company, or at the request of a policyholder sustain- ing loss, or at the request.of the mayor, town clerk or chief of the fire depart- ment of any city, village or town in which the fire occurred, then the expenses of the Fire Marshal, clerical expenses, witnesses and officers fees incident and necessary to such investigationshall be paid by such insurance company, or such policyholderof such city or town as the case may be, otherwise the expenses of such investigationare to be paid as part of the expenses of the State Insurance Commission. The party or parties, company or companies, requesting such investiga- tion, shall before such investigationis commenced deposit with the State Insur- ance Commission,an Amount of money in the judgment of sdid Commission sufficient to defray the expenses of said Fire Mar- shal in conducting such investigation.” The money that is required to be deposited does not at the time of deposit become the property of the State, since at that time its status is unde- termined. Only that portion of the deposit equal to the actual expenses of the investigatorwill become State property, and the remainder, if any, continues to be the property of the person or firm requestlng the investigation. The Legislature has, by general statute (Art. 4388, V.C.S.) provided for the hand- ling of funds “the status oh which is undetermined,l* as follows: “The State Treasurer shall receive daily from the head of each Department each of whom is specificallycharged w$th the duty of making same daily, a detailed list of all persons remitting money the status of which is undetermined or which is awaiting the time when it can finally be taken into the Treasury, together with the actual remittanceswhich the Treasurer shall cash and place in his vaults or in legally authorized depository banks, if the necessity arises. The report from the Hon. Paul H. Brown, page 5 (~4336) General Land Office shall include all money for interest, principal . and leases of school, university, asylum and other lands. A deposit receipt shall be issued by the Comptrollerfor the daily total of such remittances from each Department; and the cashier of the Treasurer’sDepartment shall keep a cash book1 to be called Isus- pense cash book, in which to enter these deposit receipts, and any others issued for cash received for which no deposit warrants can be issued or when their issuance is delayed. As soon as the status of money so placed with the Treasurer on a deposit receipt is de- termined, it shall be transferredfrom the suspense account by placing the por- tion of it belonging to the State in the Treasury by the issuance of a depos- it warrant, and the part found not to belong to the State shall be refunded. When deposit warrants are issued, they shall be entered in this cash book, as well as any refunds, and the balance shall represent the aggregate of the items still in suspense. Refunds shall be made in a manner similar to that in present use, except that separate ser- ies of warrants shall be used for mak- ing such refunds, to be called ‘refund warrants,1 and such warrants shall be written and signed by the Comptroller and counter-signedby the ,Treasurerand charged against the suspense funds to’ which they apply. Such warrants shall then’be returned to the Comptroller and delivered by him to the person entitled to receive them.” By the A,.. . terms of the above _. Article, . when the status or tne aepositea money is aeterminea,--inyour case, when the investigator% expense account is ap- proved,--theTreasurer will transfer by warrant an amount equal to the total of the expense account to the Fire Insurance DivisionlsTravel Expense Account, from which a warrant may be issued to the investigator,and by a refund warrant return the remainder, if any, to Hon. Paul H. Brown, page 6 (v-1336) the person or firm requesting the investigation. Q&Die1 v. Richcrq& 118 S.W.2d 935 (Tex. Civ. App. 1938), and Att'y Gen. Op. O-945 (1940). The rider in question does not attempt to alter, amend, or repeal any general statute. The provision requiring the money to be deposited to the Department Suspense Account is in compliancewith Article 4388, V.C.S. This portion of tk rider mere- ly reiterates the general statute and has no other legal effect. Att'y Gen. Op. C-1837 (1940). The ap- propriation in the rider is for the purposes set out by Article 4898, V.C.S. and as such is proper and valid. Att'y Gen. Op. f-1267 (1951). Therefore, you are advised that the method of operation provided by Article 4388, V.C.S., and the rider to the general appropriationbill is the proper method of handling and accounting for the funds in question. The title to the general appropriation bill for the biennium ending August 31, 1953, is sufficientlybroad and general to include the rider (H.B. 426 Acts 52nd Leg. R.S. 1951 ch. 499 pe 1328 at p* 1373)'regulat- ing $he dispo&tion of'funds deposited with the Board of Insurance Commissionersto de- fray the anticipated expenses of a fire in- vestigator. The rider does not attempt to alter, amend or repeal a general statute ly reiterates the requirementsof k?"4$%~- V.C.S., a general statute prescribingthe method for handling funds "the status of which is undetermined.n Yours very truly, APPROVED: PRICE DANIEL Attorney General C. K. Richards Trial & Appellate Division Jesse P. Luton, Jr. ,,rw~d~ Reviewing Assistant E. Wa Thode Assistant Charles D. Mathews First Assistant EW.:wb