No. JC-0501 (2002).

• Case Date: May 06, 2002
• Court: Texas

Texas Attorney General Opinions 2002. No. JC-0501 (2002). May 6, 2002Opinion No. JC-0501Tex. Att'y Gen. Op. No. JC-0501 (2002) -- John Cornyn AdministrationOffice of the Attorney General - State of Texas John CornynThe Honorable Juan J. Hinojosa Chair, Committee on Criminal Jurisprudence Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910SYLLABUS: 2002-Re: Whether the governor is authorized to increase and appropriate state motor vehicle registration fees (RQ-0475-JC) Dear Representative Hinojosa: You ask whether "the governor [may] raise the state vehicle registration fee, without approval, for the purpose of generating funds to help Texas hospitals, emergency medical personnel, police and firefighters develop and improve their capabilities to respond to, and prevent terrorist biological and chemical attacks in Texas."(fn1) We conclude that only the legislature may set, appropriate, allocate and direct the use of state motor vehicle registration fees. However, chapter 317 of the Government Code authorizes the governor and the legislative budget board in the event of an emergency to act to redirect state motor vehicle registration fees already appropriated by the legislature for particular purposes to other uses permitted by article VIII, section 7-a of the Texas Constitution. See Tex. Gov't Code Ann. ch. 317 (Vernon 1998 & Supp. 2002). You also ask whether "the automobile state registration fee [is] considered a tax, which would require action by the House Ways and Means Committee?"(fn2) Whether proposed or contemplated legislation falls within the jurisdiction of a particular House committee is a matter to be determined by the House of Representatives. First, we address the governor's authority over the amount and use of state motor vehicle registration fees. Article II, section 1 of the Texas Constitution provides for the three branches of government

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legislative, executive, and judicial

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and provides that "no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted." Tex. Const. art. II, § 1. The Texas Constitution vests "[t]he Legislative power of this State" in "'The Legislature of the State of Texas,'" id. art. III, § 1, a power which includes the authority to enact laws, to impose taxes, to raise other revenue, and to appropriate state funds, see, e. g., id. art. III, §§ 29-31 (laws enacted by bills passed by both legislative houses), 33 ("All bills for raising revenue shall originate in the House of Representatives."), art. VIII, §§ 1 (legislature authorized to provide for taxation of property and to impose occupation taxes), 3 ("Taxes shall be levied and collected by general laws and for public purposes only."), 6 ("No money shall be drawn from the Treasury but in pursuance of specific appropriations made by law . . ."). The Texas...