Texas Attorney General Opinion: JM-64 Page: 1 of 3
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
The Attorney General of Texas
August 17, 1983JIM MATTOX
Attorney General
Supreme Court Building
P. O. Box 12548
Austin, TX. 78711- 2548
512/475-2501
Telex 910/874-1367
Telecopier 512/475-0266Robert Bernstein, M.D., F.A.C.P.
Commissioner of Health
Texas Department of Health
1100 West 49th Street
Austin, Texas 78756Opinion No. JM-64
Re: Whether rider to general
appropriations act violates
article III, section 35 of the
Texas Constitution1607 Main St., Suite 1400
Dallas, TX. 75201-4709
214/742-8944
4824 Alberta Ave., Suite 160
El Paso, TX. 79905-2793
9151533-3484
1220 Dallas Ave., Suite 202
Houston, TX. 77002-6986
713/650-0666
806 Broadway, Suite 312
Lubbock, TX. 79401-3479
8061/747-5238
4309 N. Tenth, Suite B
McAllen, TX. 78501-1685
5121682-4547
200 Main Plaza, Suite 400
San Antonio, TX. 78205-2797
512/225-4191
An Equal Opportunity/
Affirmative Action EmployerDear Dr. Bernstein:
You ask whether a rider in the current general appropriations act
satisfies article III, section 35 of the Texas Constitution, which
prohibits the enactment of general legislation in an appropriations
act. The rider you refer to provides the following:
None of the moneys appropriated to the
Department of Health and Department of Mental
Health and Mental Retardation may be expended for
the training or medical treatment, except in
emergencies, of any student or patient who is not
a citizen or resident of this state. For the
purpose of this provision, affidavits from two
reputable persons shall be deemed adequate
evidence of citizenship or residency. (Emphasis
added).
Acts 1981, 67th Leg., ch. 875, 2e(1), at 3604.
While Attorney General Opinion MW-538 (1982) addresses issues
related to this rider, it does not specifically examine it in light of
article III, section 35. Having applied the standards of that
constitutional provision to the instant rider, we find that it meets
the requirements of article III, section 35.
The principles relevant to the present inquiry are succinctly
summarized in Attorney General Opinion M-1199 (1972) as follows:
An appropriation bill may detail, limit or
restrict the use of funds therein appropriated or
otherwise insure that the appropriated money will
be spent for the purpose intended. Moore v.
Sheppared, [sic] 144 Tex. 537, 192 S.W.2d 559
(1946); Linden v. Finley, 92 Tex. 451, 49 S.W. 578p. 276
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-64, text, August 17, 1983; (https://texashistory.unt.edu/ark:/67531/metapth272504/m1/1/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.