The Attorney General of Texas
May 1, 1980
Honorable James B. Bond, Chancellor Opinion No. Mw-176
Texas A&M University System
College Station, Texas 77943 Re: Validity of an appropriations
rider decreasing the general
revenue appropriation to the Texas
Agricultural Extension Service to
offset increases in federal funds.
Dear Mr. Bond:
You have requested our opinion regarding the validity of an
appropriations rider decreasing the general revenue appropriation to the
Texas Agricultural Extension Service to offset increases ln federal funds.
The rider provides:
In the event that the Texas Agricultural Extension
Service receives Federal funds in excess of that
estimated above, the General Revenue appropriation
shall be reduced by an amount equal to the excess.
1979 General Appropriations Act, at IV-56. You srggest that the rider is
void (1) as an attempt to amend general law; and (21 as conflicting with
federal law.
The Texas Agricultural Extension Service was created by House
Concurrent Resolution No. 2, Acts 1915, 34th Leg., at 273, which authorized
Texas A&M College
. . . to receive the grants of money appropriated
under said [federal] Act, and to authorize and
conduct agricultural extension work which shall be
carried on in connection with the A.&M. College of
Texas in accordance with the terms and conditions
expressed in the Act of Congress aforesaid
A rider is valid so long as it merely limits or restricts the expenditure of
appropriated funds. Attorney General Opinions H-351 (1974); M-1199 (1972);
V-1254, V-1253 (1951). In our opinion, the rider at issue here &es not in any
p. 559
Honorable James B. Bond - Page Two (NWw-176)
way attempt to amend House Concurrent Resolution No. 2. Its effect is merely to limit or
restrict the expenditure of appropriated funds.
Although Congress could easily have conditioned a state’s receipt of funds under the
Smith-Lever Act, 7 U.S.C. S 341, et seq., rpon that state’s maintainlng its funding at
previous levels, Congress has not done so. The only expression of Congressional intent in
this regard has appeared in the conferees’ reports for various Smith-Lever Act
appropriations. See, e.g., Cong. Rec. H-9673 (October 24, 1979). A mere expression of
the conferees’ intent 1s not sufficient to thwart the clear intent of the Texas Legislature
in adopting the rider under discussion. We hold therefore that an appropriations rider
which decreases the general revenue appropriation to the Texas Agricultural Extension
Service to offset increases in federal funds is not invalid
SUMMARY
An appropriations rider which decreases the general revenue
appropriation to the Texas Agricultural Extension Service to offset
increases in federal funds is not invalid as an attempt to amend
general law or as ConfRcting with federal law.
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Susan Garrison
Rick GiIpin
Charles Maddox
Bruce Youngblood
p. 560