Article XVI, Section 69 of the Texas Constitution

From TLG
Jump to navigation Jump to search

Added November 5, 1985:

The legislature may require, by rider in the General Appropriations Act or by separate statute, the prior approval of the expenditure or the emergency transfer of any funds appropriated to the agencies of state government.

Editor Comments

The Texas Attorney General, in Tex. Att'y Gen. Op. CM-1141 (1972), opined that: "In effect, giving the Governor of Texas a statutory authorization to approve or disapprove an expenditure which had already been appropriated would be a second veto privilege. Our Texas Constitution, like the Constitution of Oklahoma, prohibits the Governor from having more than the one veto provided for in Article IV, Section 14, of the Texas Constitution."

The Texas Attorney General, in Tex. Att'y Gen. Op. PD-1254 (1951), opined that: "The riders in the general appropriation bill which seek to confer upon a joint board composed of members of the Legislature [] authority to require further itemization of appropriated funds or approval of the expenditure thereof violate Section 1 of Article II [], which prohibits the exercise by the legislative branch of powers properly attached to the executive branch."

This section, which presumably provides an exception to Article II, Section 1 and several other fundamental provisions of the state constitution, has been criticized as too vague.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Online Resources