.
THE A-ITORNEY GENERAL
OF TEXAS
Aun.rs~'. 'lkx~e 78711
aOHN IA. BXLI.
*-- CaENlcR-
August 28, 1975
The Honorable Jesse James Opinion No. H-678
State Treasurer
P. 0. Box 12608, Capitol Station Re: Effect of veto of
Austin, Texas 78711 appropriation for
Board of County
and District Road
Dear Mr. James: Indebtedness.
You have requested our opinion concerning the effect of the Governor’s
veto of the appropriation for administrative costs of the Board of County
and District Road Indebtedness. The appropriation, with the Governor’s
veto indicated by reproducing the lines he drew through the particular
items, provides:
For the Years Ending
August 31, August 31,
1976 1977
Out of the County and Road
District Highway Fund:
1. l-lirPe+nr 4 7h 7nn 7R -
2. - ni--r+-* 75 7nn 77 u
. .
3. S*‘--i-- nf C19..r
AC4 7AR 76 AM
4. dderit <=1--y Tnrr*=-P= 1 1RA I-
Total, Personal Services $ 122,854 132,381
Other Expenses --
A Q7A c, ou
Total, Administrative
Expense $ 129.828 139,355
p. 2953
The Honorable Jesse James, page 2
6.There is hereby appropriated
pursuant to Chapter 13, Acts of
the Third Called Session, Forty-
second Legislature, as amended,
the State’s portion which will be
expended by this agency estimated
at:
a. Distribution to Counties $ 7,300.000 7,300,000
b. Bond Retirement 22,000 23,000
GRAND TOTAL, STATE FUNDS,
CERTAIN AND ESTIMATED,
BOARD OF COUNTY AND
DISTRICT ROAD INDEBTEDNESS $ 7.451,828 7,462,355
SCHEDULE OF CLASSIFIED POSITIONS,
BOARD OF COUNTY AND DISTRICT
ROAD INDEBTEDNESS
0135 Secretary III
1161 Accountant I, 2
1163 Accountant III
1165 Chief Accountant II
All balances and receipts accruing to the County and Road
District Highway Fund No. 57, are hereby appropriated for the
purposes set forth in Chapter 13, Acts of the Third Called Session,
Forty-second Legislature, as amended.
Since only the lined-through provisions were vetoed by the Governor you
have asked the following questions:
(1) Does the rider language allow the Board to utilize
the appropriation granted therein for the duties as
established by Article 6674q-7. VATS?
(2) Can the Board employ personnel listed in the Schedule
of Classified positions enumerated under item 6 of the
appropriation to the Board to assist in the discharge of
duties as outlined in Article 6674q-7. VATS?
p. 2954
The Honorable Jesse James, page 3
The “rider” which was not vetoed is actually an appropriation item for
it authorizes the expenditure of funds which were not otherwise appropriated.
Since it is an appropriation item rather than a restriction on the expendi-
ture of funds it could have been vetoed by the Governor. Attorney General
Opinion M-1228 (1972); see Fulmore v. Lane, 140 S. W. 405 (Tex. Sup. 1911);
Fairfield v. Foster, 214y 319 (Aria. 1923). The Governor did not veto
this appropriation of balances and receipts; the item therefore remains a
part of the appropriations act. As provided therein, the balances and
receipts may be expended for the purposes set forth in Acts 1932. 42nd Leg.,
3rd C. S., ch. 13, p. 15 (codified as article 6674q-7. V. T. C.S. ). We there-
fore answer your first question in the affirmative.
Your second questionis whether these funds may be utilized by the
Board to employ personnel listed in the Schedule of Classified Positions.
The Governor’s veto power being legislative in nature, a veto message is
subject to normal rules of statutory construction. Fulmore v. Lane,
supra. Thus the intent of the Governor as expressed in his message is
the prime consideration in analyzing a veto.
The Governor’s veto message provides in part:
The Board of County and District Road
Indebtedness was created to reimburse counties
and road districts of Texas for a portion of the
funds expended by them on roads designated as
State Highways prior to January 2, 1939. The
Commission also administers the Lateral Road
Fund and performs as a paying agent, duplicating
a responsibility of the State Treasurer, on eligible
and ineligible county bonds. Continued funding for
the administrative duties of the Board was not
recommended by me or the Legislative Budget
Board.
In my opinion the administrative functions of
the Board should be absorbed by one or more of the
agencies of the three board members. Therefore,
I am vetoing these items.
p. 2955
The Honorable Jesse James, page 4
We believe it clear that when the Governor vetoed the salaries of
classified employees of the Board, he intended that no funds should be
expended for such employees of the Board. Thus, in our opinion, the
Board may not employ persons in the positions for which the appropria-
ted salaries were vetoed. However, since the administration of the
Fund is within the purposes of article 6674q-7, in our view the balances
and receipts may be expended for the administration of the Fund.
SUMMARY
The balances and receipts appropriated to the
Board of County and District Road Indebtedness
may be expended for the administration of the
fund but may not be utilized to employ personnel
whose salaries were vetoed by the Governor.
Very truly yours,
Attorney General of Texas
APPROVED:
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH. Chairman
Opinion Committee
p. 2956