Untitled Texas Attorney General Opinion ( 1985 )

The Attorney General of Texas
Aug,ust 23, 1985
JIM MATTOX
Attorney General
Supreme cOun Building Eouorable Bob Bullock Opinion No. JM-343
P. 0. Box 12548 Comptroller of Public Accounts
Aua!in. TX. ram,. 2548 L.B.J. State Office Building Re: Applicability of article V.
5121475-2501 Austiu, Texas 787i 4 section 86 of the General Appro-
Telex 9101874-1357
Telecopier 5121475-0266
priations Act, which requires the
filing of financial statements by
state employees
714 Jackson. Suila 700
Dallas. TX. 752024XJQ
Dear Ur. Bullock:
2w742.a944
You have asked for the opinion of this office as to the applica-
4824 mm4 Ave.. Suite 160~ bility of article V. section ,86 of Rouse Bill No. 20. Sixty-ninth
El Paso. TX: 79905.2793 Legislature,~ which is then General Appropriations Act for the 1985-87
91 Y533-34&( biennium. Section 86 is a rider vhich provides that
1001 Texas. Stile 7M)
None of the funds appropriated to departments and
Hous,on. TX. 77002~3111 agencies mvered in Articles I through~ IV shall be
7131223-5886 contractu,%lly~ obligated unless those employees who
are responsible for entering into such contracts
and for approving such expenditures have completed
a06Broadway. Suite 312
Lubbock. TX. 794013479
financial disclosure statements and these finan-
8061747.5238 cial statsmeuts have been reviewed and approved by
the board or co~issioa to which each employee is
responstblc. All financial statements shall be on
4309 N. Tenth. Suile B
McAllan. TX. 785obm35
file in the administrative offices of the respec-
512mK-497 tive depwtaent or agency, shall be submitted to
the respcmsible board or connaission for approval
annually, and shall be open to public inspection.
200 Main Plaza. Suile 400
San Antonio. TX. 78205-2797
You ask what, guidelines should be folloved regarding the
scaremenl:s: ana. in
. aetermlnlng
.~
51212254191
financial which employees are required
to file them.
An Equal OPPortunllYl
Aflwnalwe Acl~on EmPloW General principles that are relevant to your inquiry were
summarized in 1972 by Attorney General Opinion M-1199 as follows:
An appropriation bill may detail, limit or
restrict t,he use of funds therein appropriated or
otherwise! Insure that the appropriated money will
be spent for the purpose intended. Moore v.
Sheppard, lb4 Tex. 537. 192 S.W.Zd 559 (1946);
p. 1563
Aonorable Bob Bullock - P~gr 2 (~~-343) -~ -
Linden v. Finley, 9:! Tex. 4Sl. 19 S.W. 578 (1899);
Attorney General’s Cipinioos O-445 (1939). V-1253
(1951). V-1254 (1951:1, 2959 (1935). V-1196 (1951).
A rider attached to the general appropriation
bill cannot repeal, modify or amend an existins
general lav. State-v.
-- Stehe, 57 Tex. 203 (1882);
Linden v. Finley, zupta; Moore v. Sheppard, ~upfa,
Attorney General’s Opinions 1145 (1917). 2787
(1929): 2965 (1935). -2970 (1935). O-445 (1939).
O-1837 (1940), O-2573 (1940). O-S329 (1943). V-412
(1951),
(1947) ,I’;;,‘,” $l;% V-1196 (1951)‘, V-1254
3 -
The Texas Supreme Court has c.onstrued article III. section 35 of the
Texas Constitution to proh1,bit general legislation in the general
anurovriation
~.. . bill. It is vs’
ll settled that a rider mav not conflict
vith general law. -See, Jessw Associates, Inc. v. Bullo&, 531 S.U.2d
593. 600 (Tex. 1975);Atsi;r General Opinions m-167 (1984): MW-104.
w-51 (1979).
Article 6252-9b. V.T.C.S., is general law on the subject of
financial statements ‘by state officers and employees. Section 1
states that
It is the policy of the State of Texas that no
state officer or tstate employee shall haves any
interest, financ:itrl or otherwise, direct or
indirect, or engae,e in any business transaction or
professional actilrity or incur any obligation of
sny nature which is in substantial conflict vith
the proper dischar:ge of his duties in the public
interest. To implement this policy and to
strengthen the faith and coufidence of the people
of Texas in theL:c state gwenment. there are
provided standar 3:s of conduct and disclosure
requirements to 'bte observed by persons owing a
responsibility tcl the people of Texas and the
govermeut of tht! State of Texas in the perfor-
mance of their official duties. It is the intent
of the legislature: that this Act shall seme not
only as a guide for official conduct of these
covered persons but also as J basis for discipline
of those who refuse to abide by its term.
Section 3(a) of that Ethicrl Act lists the persons vho are required to
file financial statements with the secretary of state. The list
includes every elected of f.lcer, salaried appointed off leer, appointed
officer of a major state a$;ency, and executive head of a state agency.
p. 1564
,Rooorablc Bob Bullock - Page :I (JM-343) . -
In addition, those persons rmd all other state employees are subject
to the standards of conduct of section 8 of the Ethics Act. See
Attorney General Opinions H-2b9, H-255 (1974). Section 4 of that Act
specifiee the information which shall be Included in the financial
statements.
A rider relating to fi~mcial statements by state employees that
Is merely declarative of existing law Is not invalid. Eence. it is
our opiniou that the 1egis:lature intended the rider in question to
implement the general law of article 6252-9b. Any broader construc-
tion would cast serious doubt upoo the constitutionality of section
86.
The guidelines to be folloved in determining vhich employees must
file financial statements and the content of those statements. there-
fore, are the guidelines prwlded by article 6252-9b. The persons who
must file statements under section 86 are those lieted in article
6252-9b vho are also responsible for entering into agency or depart-,
ment contracts and for applovfng expenditures thereunder. To comply
with both article 6252-9b and the rider in the Appropriations Act,
such persons Vho are in departments or’ agencies covered by articles
I-IV of the Appropriations ,b:t should file a financial statement vith
the secretary of state and ;annually submit a financial statement to
the board, commlssion, or appropriate administrator vho will review
and approve the statement urder the provisions of the new rider. This
filing requirement Is not umonstitutionally inconsistent with article
6252-9b. See V.T.C.S. art. b252-9b. 99(a); Attorney General Opinion
M-1199 (19‘-i;ir. A copy of the financial statement should remain on
file in the department’s or agency’s administrative office and be open
to public inspection.
SUMMARY
A rider attached to the General Appropriations
Act cannot repeal, modify, amend, or conflict with
an existing general law. Section 86 of article V
of Rouse Bill No., 20, Sixty-ninth Legislature.
does not do so; it merely implements article
6252-9b, V.T.C.S. Guidelines applicable to that
rider are the ,+delines provided by article
6252-9b.
J&b
Vet-y truly’your
JIII MATTOX
Attorney General of Texas
p. 1565
Ronorsble Bob Bullock - Page 11 (a-343) .
TOMGREEN
First Assistant Attorney Gencml
DAVID R. RICRABDS
Executive Assistant Attorney General
ROBERTCRAP
Special Assistant Attorney General
RI'X GILPIN
Chairman. Opinion Committee
Prepared by Nancy Sutton
Assistant Attorney General
APPROVED:
OPINIONCOIQ4ITTEE
Rick Gilpin, Chairman
Jon Bible
Susan Garrison
Tony Guillory
Jim Moelllnger
Jennifer Riggs
Nancy Sutton
Sarah Woelk
Bruce Youngblood
p. 1566