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Appropriations, State

Summaries

KP-0058
Ken Paxton

Government Code chapters 317 and 401 - When state agency faces shortages of appropriated funds due to an unexpected occurrence, the agency may consider statutory mechanisms that may be available to address fiscal emergencies under Government Code chapters 317 and 401.

KP-0078
Ken Paxton

Article IX, section 6.24 of the 2015 General Appropriations Act is in direct conflict with federal interpretation of federal law and is therefore without effect.|Article IX, section 6.24 of the 2015 General Appropriations Act is in direct conflict with federal interpretation of federal law and is therefore without effect in its attempt to draw federal funds into the state appropriations process.|Section 404.093 of the Government Code, to the extent that the Office of the Governor or the Governor's appointee receives funds in trust for the benefit of a person or entity other than a state agency, such funds may be deposited outside of the State Treasury in an account for which the Comptroller serves as trustee pursuant to

GA-0016
Greg Abbott

Available school funds appropriated in rider 38 of 2002-03 biennial appropriation to Texas Education Agency for internal costs and for external management of permanent school fund, whether contingent, pursuant to rider 90, on fund producing $150 million o|Available school funds appropriated in rider 38 of 2002-03 biennial appropriation to Texas Education Agency for internal costs and for external management of permanent school fund, whether contingent, pursuant to rider 90, on fund producing $150 million

GA-0033
Greg Abbott

Community health center revolving loan fund, authority to administer in light of later enacted bill abolishing fund as trust fund outside the state treasury|Delegation of legislative authority to private entity, whether statute authorizing state agency to award money to development corporation to make loans to community health center violates article III, section 1 of the Texas Constitution|Trust fund abolished by later enacted bill, authority of state agency to expend monies received by fund|Delegation of legislative authority to private entity, whether statute authorizing state agency to award money to development corporation to make loans to community health center violates article III, section 1|Community health center loans, whether statute providing for grant of money to development corporation to make such loans serves a public purpose and imposes adequate controls

GA-0054
Greg Abbott

Appropriation bill, in order to exceed Comptroller's revenue estimate, must find "emergency or urgent public necessity" and be enacted by a four-fifths vote of total membership of each house|Comptroller's revenue estimate, in order to exceed, appropriation bill must find "emergency or urgent public necessity" and be enacted by a four-fifths vote of total membership of each house

GA-0378
Greg Abbott

Board of Dental Examiners, to the extent rider to appropriation of, attempts to require competitive bidding on contracts valued at less than $5,000, it violates article III, section 35 of the Texas Constitution|Rider that attempts to require competitive bidding on Dental Board contracts valued at less than $5,000 violates article III, section 35 of the Texas Constitution

GA-0736
Greg Abbott

Adjutant general is precluded from accruing state compensatory leave by section 659.024(c), Government Code, as a single state officer who governs a state agency\r\n\r\n|Adjutant general is precluded from accruing state compensatory leave by section 659.024(c), Government Code, as a single state officer who governs a state agency|Assistant adjutant general is not a single state officer who governs a state agency under section 659.024(c), Government Code, and may accrue compensatory leave

GA-0746
Greg Abbott

One-time payment to annuitants of Teacher Retirement System and Employees Retirement System grants "extra compensation" in violation of sections 44 and 53 of article III, Texas Constitution|Extra compensation

GA-0776
Greg Abbott

Directive in rider to transfer funds from Department of Transportation to Department of Motor Vehicles is not an "item of appropriation"|Item of appropriation

GA-0777
Greg Abbott

Comptroller must determine whether transfer of funds to Health & Human Services Commission and Texas Workforce Commission in 2008-2009 biennium, and absence of that transfer in 2010-2011 biennium, results in a gain in overall funding to Texas Department of Transportation|Directive in rider to transfer funds from Department of Transportation to Department of Motor Vehicles is not an "item of appropriation"|Gain in overall funding to Texas Department of Transportation, whether transfer of funds to Health & Human Services Commission and Texas Workforce Commission in 2008-2009 biennium and absence of that transfer in 2010-2011 biennium results in a

GA-0852
Greg Abbott

Legislative enactments which provide incoming revenue for the State Highway fund constitute \\"enacted revenue measures\\" under article IX, section 17.10(b)(1) of the Appropriations Act, regardless of when they were enacted|Enacted revenue measures

GA-0947
Greg Abbott

Hearing fee, if state prevails, SOAH should bill private contractor for; if private contractor prevails, SOAH should bill state agency unless agency is listed in Rider 7c to SOAH’s current appropriation

DM-0015
Dan Morales

Architectural improvements to private homes, Department may not use funds other than those appropriated to make | Architectural improvements to private homes, Department of Mental Health and Mental Retardation may not use funds other than those appropriated to make

DM-0081
Dan Morales

Financial statements, rider's requirement to file with one's board exceeds statutory directive and is therefore invalid|Rider that requires official to file financial statements with his board exceeds statutory directive and is therefore invalid

DM-0093
Dan Morales

Amend or enact general law, Central Education Agency rider contained in General Appropriations Act for 1991-1992 fiscal biennium attempts to and is therefore invalid under article III, section 35(a)|Amend or enact general law, Central Education Agency rider contained in General Appropriations Act for 1991-1992 fiscal biennium attempts to and is therefore invalid under Texas Constitution

DM-0116
Dan Morales

Texas Constitution, rider which requires Department to use standards, procedures, etc., of Department of Human Services contravenes|Department on Aging, rider which requires Department to use service standards, procedures, etc., of Department of Human Services contravenes Texas Constitution

DM-0145
Dan Morales

Invalid to the extent inconsistent with general law, rider concerning money reverting to Texas Department of Agriculture under agreement with United States Department of Agriculture|Rider concerning money reverting to Department under agreement with United States Department of Agriculture is invalid to the extent inconsistent with general law

DM-0197
Dan Morales

Property damage, repair or replacement costs funded by special legislative appropriation rather than insurance proceeds or self-insurance and are funded at legislature's discretion|Concurrent resolution may be evidence of legislative intent but is not state law; article III, section 30 requires that laws be passed by bill|Concurrent resolution may be evidence of legislative intent but is not state law; constitution requires that laws be passed by bill|Property insurance, state agencies not authorized to purchase without specific legislative authorization|Property insurance, Agency not authorized to purchase with appropriated funds

DM-0214
Dan Morales

Employees on unpaid leave in connection with work-related injuries, Appropriations Act excepts employees from the 12-month limit on leave and permits agency heads to grant exceptions to the 12-month limit in regard to|Employee on unpaid leave because of work-related injury, General Appropriations Act does not conflict with Workers' Compensation Act in regard to exceptions to12-month limit on leave for|Work-related injury, agency not required to terminate employee on unpaid leave for more than twelve months due to

DM-0346
Dan Morales

Liability insurance for state officers and employees, scope of rider regarding and whether purchase constitutes waiver of sovereign immunity (Withdrawn by Letter 7/31/96)|Liability insurance for employees purchased with appropriated funds, constitutionality and scope of rider regarding (Withdrawn by Letter 7/31/96)|Liability insurance, authority of Commission to purchase (Withdrawn by Letter 7/31/96)|Liability insurance for officers and employees, authority of state agency to purchase (Withdrawn by Letter 7/31/96)|Sovereign immunity, whether purchase of liability insurance constitutes waiver of (Withdrawn by Letter 7/31/96)|Liability insurance for employees, whether purchase of constitutes waiver of state's sovereign immunity (Withdrawn by Letter 7/31/96)

DM-0497
Dan Morales

Equal opportunity training by Commission, validity of rider mandating for certain state agencies and institutions of higher education|Equal opportunity training by Texas Commission on Human Rights, validity of rider mandating for certain state agencies and institutions of higher education

JC-0040
John Cornyn

Vacation leave, offset of workers' compensation benefits against|Family Medical Leave Act of 1993 (FMLA), option of state employees on FMLA leave who are receiving workers' compensation benefits to substitute paid vacation leave for unpaid FMLA leave|Vacation leave, (1) offset of workers' compensation benefits against; (2) substitution of annual leave for unpaid leave under Federal Family Medical Leave Act of 1993|Workers' compensation benefits, offset of against vacation leave|Offset of state employee's workers' compensation benefits against vacation leave not permitted in absence of statutory authority

JC-0146
John Cornyn

Appropriation of state funds to state agency to transfer to private endowment must satisfy article III, section 51of Texas Constitution and agency's authority to transfer funds and enter into contract regarding transaction must be supported by substantive|Southwest Texas State University lacks statutory authority to transfer appropriated state funds to National Geographic Society endowment fund to benefit geography education in the state or to enter into a contract regarding such a transaction

JC-0161
John Cornyn

Appropriated funds may not be used to attempt to influence the passage or defeat of legislation|Appropriated money|State agency|Federal funds deposited in the state treasury and appropriated to state agency are subject to state restrictions on the use of appropriated funds for lobbying|Prohibition on use of appropriated money to attempt to influence the passage or defeat of legislation applies to federal funds deposited in state treasury and appropriated to state agency|Lobbying restrictions on appropriated money apply to federal funds granted to state for use of Texas Council for Developmental Disabilities|Council for Developmental Disabilities may not use appropriated money to attempt to influence the passage or defeat of legislation

JC-0170
John Cornyn

Enrolled bill rule, application to claim that legislative appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building invalid under article VII, section 18 of the Texas Constitution|Institution of higher education, validity under article VII, section 18 of the Texas Constitution of appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building|Legislative appropriation of general revenue funds to The University of Texas of the Permian Basin to construct a museum building, validity under article VII, section 18 of the Texas Constitution

JC-0178
John Cornyn

Rider to appropriation for Department of Health that changes trauma care allocation formula is invalid as attempt to amend general law|Department of Health rider that changes trauma care allocation formula is invalid as attempt to amend general law

JC-0244
John Cornyn

Scholarship fund for architectural examination applicants, in order to ensure that scholarships serve the public purpose identified by the legislature, Board of Architectural Examiners should consider adopting rules that would require scholarship recipien|Scholarship fund for architectural examination applicants, legislative appropriation for is supported by pre-existing substantive law and therefore does not violate article III, section 44 of the Texas Constitution|Scholarship fund for architectural examination applicants, Board lacks statutory authority to enter into a contract with a private, nonprofit organization to select scholarship recipients and disburse scholarship awards

JC-0350
John Cornyn

Codification of certain riders as general law|Publicity and public relations activities, state agency may not use appropriated funds for|Across-the-board provisions recommended by Sunset Advisory Commission|Informing general public of Fund's activities and legal responsibilities, authority of Board to spend appropriated funds for this purpose|Informing general public of agencies' activities and legal responsibilities, state agency's authority to spend appropriated funds for purpose of

JC-0365
John Cornyn

State funds allocated for expenses of county prosecutor's office are budgeted by commissioners court|County prosecutor, state funds allocated for expenses of office are budgeted by commissioners court

JC-0448
John Cornyn

Requirement in rider that city agree to Transportation Department's choice of location for border inspection station attempts to amend general law and is unconstitutional|Rider to appropriations act, constitutionality of|Border inspection stations, authority of Department of Transportation to choose location for|Rider in appropriation to Department requiring city to agree to Department's choice of location for border inspection station is unconstitutional for attempting to amend general law in an appropriation act|Collocate|Co-locate

JC-0456
John Cornyn

Position classification plan, provisions of the appropriations act implementing|Appellate court briefing attorneys and law clerks entitled to across-the-board pay raise appropriated for state employees in 2001 General Appropriations Act if they meet the length of service requirements set out in the Act|Targeted pay raise

JC-0501
John Cornyn

Authority to enact laws, impose taxes, raise revenue, and appropriate state funds is vested in legislature rather than the governor; governor may not increase or appropriate motor vehicle registration fees, but, in case of emergency, may act with legislat|State motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of the Texas Constitution|Motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may act with legislative budget board to redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of |State motor vehicle registration fees, Governor may not increase or appropriate but, in case of emergency, may redirect funds already appropriated by the legislature for purposes consistent with article VIII, section 7-a of Texas Constitution

JC-0578
John Cornyn

Historic Courthouse Preservation Program, Commission administers|Cathedral, constitutional question raised if public funds were appropriated to restore or preserve|Historic Courthouse Preservation Program, rider attempting to amend general law establishing is invalid under article III, section 35 of Texas Constitution

JM-1135
Jim Mattox

Lobbying may not disqualify organization from receiving grant where statute prohibits grants only to organizations that advocate conduct that violates state law, because lobbying is not conduct that violates state law|Sexual orientation of organization's membership or board may not disqualify organization from receiving grant where statute prohibits grants only to organizations that advocate conduct that violates state law

JM-1151
Jim Mattox

Amendment of general law regarding eligibility for optional retirement benefits for employees of institutions of higher education is unconstitutional|Rider in appropriations act regarding eligibility for optional retirement benefits for employees of institutions of higher education is unconstitutional because it attempts to amend general law

JM-1181
Jim Mattox

Pre-existing law, appropriation to pay claims that are not legally enforceable obligations against the state is unconstitutional for absence of|Appropriation to pay claims that are not legally enforceable obligations against the state is unconstitutional for absence of pre-existing law

JM-1196
Jim Mattox

Exporters Loan Fund, rider to appropriations act limits source for payment of administrative costs|Exporters Loan Fund, interest earned by deposit of money in has not been appropriated to pay for administration of