Untitled Texas Attorney General Opinion ( 1987 )

Eouorable Roy Blake Opinion No. SM-684
Chairman
Administration Committee Re: Authority of the State Preserva-
Texas State Senate tion Board to solicit and accept
P. 0. Box 12068 gifts, money and items of value
Austin, Texas 78711
Dear Senator Blake:
Pou ask whether the State Preservation Board has the auchoricy to
solicit and accept gifts. money. and items of value from private
donors for the purpose of assisting in the restoration of the State
Capitol. We conclude that the board has such authority.
In 1983. the leg&slature established the State Preservation Board
to “preserve, maintain, and restore” the State Capitol. its contents,
and its grounds. V.T.C.S. art. 6145-14 [hereinafter the act]. 61.
The board is empowered by ssccion 4 of the act to employ an architect,
who is in turn empowered by section 6. to employ a curator. Section 6
of the act sets forth the duties of the architect and the curator and
provides in part:
(a) The architect of the Capitol shall:
. . . .
(2) develop for approval by the board a master
plan with a projection of at least 20 years con-
cerning the maintenance, preservation, restora-
tion, and modification of the buildings. their
contents, and their grounds, including a plan to
restore the buildings to their original archi-
tecture;
. . . .
(5) develop a program to purchase or accept by
donation. permanent loan, or outside funding items
necessary to implement the master plan;
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Honorable Roy Blake - Page 2 (JM-684)
. . . .
(8) employ a curator of the Capitol who shall
assist in matters dealing with the preservation of
historic materials and who must be a persou with a
minimum of ‘a master’s degree and four years’
experience in historic collections administration
vich a specialization in the material culture of
this state.
(b) The curator of the Capitol shall:
. . . .
(2) develop a program to purchase ot accept by
donation, permanent loan, or outside funding items
of historical significance that were at one time
in cha buildings. . . . (Emphasis added).
Section 8 of chs act confers authority ou the board to develop
programs to solicit gifts and money and sets forth the following:
Sec. 8. (a) The board shall develop plans and
programs to solicit gifts, money. and items of
iralue .
(b) The board may solicit gifts and money or
items of value frpm private persons, foundations.
or organizations.
(c) All property provided by private persons,
foundations, or organisations and all money
donated to the board become the property of the
state and are under the controi of the board.
(d) This section does not apply to temporary
exhibits or property of a person having an off ice
in the Capitol.
(e) The board shall use gifts of money made to
the board for the purpose specified by the
grantor, if auy.
The act clearly empowers the board to solicit gifts: your question
arises because the act fails to stde explicitly that the board may
accept gifts.
In order chat a state agency may accept a gift, ic first must be
authorized by law co do so; absent such authority. it may not accept
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Honorable Roy Blake - Page 3 (Jh-684)
gifts or donations. Attorney General Opinions H-1309, H-1180 (1978);
O-4681 (1942). The legislature has explicitly conferred such authority
on several state agencies. See e.g., V.T.C.S. arts. 4413d-1 (Office
of State-Federal Relations); 4413(32f) (Texas Closeup Board); 4413(35)
(Commission on Fire Protection Personnel Standards and Education);
4413(44) (Governor’s Commission on Physical Fitness); 4413(47d) (Texas
National Research Laboratory Comsission); 4413(49) (Criminal Justice
Policy Council; Criminal Justice Coordinating Council); 4413(51)
(Interagency Council on Sex Offender Treatment). In each instance
cited above, the relevant state agency was given explicit authority to
accept gifts.
The primary consideration in construing a statute is giving
effect to legislative intent. Minton v. Frank, 545 S.W.2d 442 (Tax.
1976); Calvert v. British-American Oil Producing Co., 397 S.W.Zd 839
(Tex. 1965). The intention of the legislature should be determined by
examininn the entire act rather than isolated oortions of the act.
City of Houston v. Morgan Guaranty International’Bank, 666 S.W.Zd 524
(Tex. App. - Houston [lst Dist.] 1983, writ ref’d n.r.e.). Read as a
whole, article 6145-14. V.T.C.S., clearly contemplates that the board
possesses the authority to accept gifts or donations.
Section 6 of the act confers authority on the architect and the
curator to develop a program to accept gifts. Section 8 confers like
authority on the board. Additionally, section 8 explicitly coufers
authority on the board to “solicit” gifts and money. Generally,
administrative agencies have by implication such powers as are
necessary to effectuate the objectives of those powers expressly
granted to them. City of Corpus Christi v. Public Utility Commission,
572 S.Y.Zd 290 (Tex. 1978); State v. Jackson. 376 S.W.Zd 341 (Tex.
1964). We conclude that imulicit in the board’s Dower to “solicit” is
the power co accept gifts. ‘“Solicit” has been defined to mean
to approach for something; to ask for the purpose
of receiving; to endeavor to obtain by asking; to
importune or implore for the purpose of obtaining;
co awake or incite to action by acts or conduct
intended co and calculated to incite the giving.
People ax rel. Friedman v. Framer, 139 N.Y.S.Zd 331, 33i (N.Y. App.
Term 1954); see also People v. McCormack. 169 N.Y.S.2d 139, 142 (N.Y.
App. Term 1957); Schmid v. Langenberg, 526 S.W.Zd 940, 944 (MO. App.
1975). It would make no sense for the legislature to empower the
board to “solicit” gifts but then not empower the board to accept a
gift when the solicitation is successful. We will not construe a
statute so as to ascribe to the legislature an unreasonable result if
the stacute is reasonably susceptible of a construction that will not
accomplish such a result. Anderson V. Penix, 161 S.W.Zd 455 (Tax.
1942); Trimmirr~v. Carlton, 296 S.W. 1070 (Tax. 1927). Accordingly,
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we conclude that the State Preservation Board is empowered to solicit
and accept gifts, money. and items of value in furtherance of its
statutory duties.
SUMMARY
The State Preservation Board is empowered to
solicit and accept gifts, money, and items of
value iu furtherance of its statutory duty.
J-k
Very truly you ,
.
JIM MATTOX
Attorney General of Texas
JACR HIGHTOweR
First Assistant Attorney General
MARYXFLLER
Executive Assiscanr Attorney GFneral
JUDGEZOLLIE STRAKLgT
Special Assistant Attorney General
RICX GILPIN
Chairman, Opinion Committee
Prepared by Jim Moellinger
Assistant Attorney General
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