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The Honorable Frank Madla - Page 4
ANN. 442.001(1), .0081-.0083 (Vernon Supp. 2002). To the extent that Rider 20 attempts to
extend the benefits of the Historic Courthouse Preservation Program to buildings that do not qualify
for funding under the applicable provisions of Government Code chapter 442, it is unconstitutional
as an attempt to amend general law in violation of the "Unity-in-Subject" provision of article III,
section 35 of the Texas Constitution.
SUMMARY
Rider 20 to the Texas Historical Commission's current
appropriation does not, as a matter of statutory construction, attempt
to authorize the use of the Historic Courthouse Preservation Program
funds for the preservation and restoration of a cathedral. If the rider
did authorize such use, it would be unconstitutional under article III,
section 35 of the Texas Constitution.
A rider to the General Appropriations Act that attempts to
enact, repeal, or amend general law is invalid for violating the "Unity-
in-Subject" requirement of Texas Constitution, article III, section 35.
To the extent that Rider 20 attempts to amend general law governing
historic courthouse preservation in violation of Texas Constitution,
article III, section 35, it is unconstitutional and of no effect.
Ve trulours,
JOHN CORNYN
Attorney General of Texas
HOWARD G. BALDWIN, JR.
First Assistant Attorney General
NANCY FULLER
Deputy Attorney General - General Counsel
SUSAN DENMON GUSKY
Chair, Opinion Committee
Susan L. Garrison
Assistant Attorney General, Opinion Committee
(JC-0578)