Texas Attorney General Opinion: JM-343 Page: 3 of 4
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Bonorable Bob Bullock - Page 3 (JM-343)
In addition, those persons and all other state employees are subject
to the standards of conduct of section 8 of the Ethics Act. See
Attorney General Opinions H-269, H-255 (1974). Section 4 of that Act
specifies the information which shall be included in the financial
statements.
A rider relating to financial statements by state employees that
is merely declarative of existing law is not invalid. Bence, it is
our opinion that the legislature intended the rider in question to
implement the general law of article 6252-9b. Any broader construc-
tion would cast serious doitt upon the constitutionality of section
86.
The guidelines to be followed in determining which employees must
file financial statements aLdl the content of those statements, there-
fore, are the guidelines prcvided by article 6252-9b. The persons who
must file statements under section 86 are those listed in article
6252-9b who are also responsible for entering into agency or depart-
ment contracts and for approving expenditures thereunder. To comply
with both article 6252-9b and the rider in the Appropriations Act,
such persons who are in departments or agencies covered by articles
I-IV of the Appropriations Act should file a financial statement with
the secretary of state and annually submit a financial statement to
the board, commission, or appropriate administrator who will review
and approve the statement under the provisions of the new rider. This
filing requirement is not unconstitutionally inconsistent with article
6252-9b. See V.T.C.S. art. 6252-9b, 59(a); Attorney General Opinion
M-1199 (1972). 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 House Bill N1o, 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 guideliness provided by article
6252-9b.
Vertruly your
JIM MAT TO X
Attorney General of Texasp. 1565
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-343, text, August 23, 1985; (https://texashistory.unt.edu/ark:/67531/metapth272783/m1/3/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.