Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas
October 26, 1984
JIM MATTOX
Attorney General
Suprrme Court Building
Mr. Randy M. Lee Opinion No. JM-220
P. 0. BOX 12549 Executive Director
Austin. TX. 76711. 2546 Texas 1986 Sesquicz``tennial Re: Whether a county or city
commission may contribute funds to a local
P. 0. Box 1986 sesquicentennial committee and
Austin. Texas 78 X7 related questions
714JaCkSm.Suite 700 Dear Mr. Lee:
Dallas. TX. 75202-4506
2141742.6944
You ask several related questions regarding the status and
funding of local r!csquicentennial committees. First, you ask wherber
4624Albertl Ave..Suils 160 the local commitl:cfes are “extensions” of the Texas 1986 Sesqui-
El Paw TX. 79905.2793 centennial Commiss;jon. You also raise a number of specific issues
~15/533.3464 relating directly t3 partJcular city and county contributions to local
committees.
1001 Texas. Suite 700
“ou.ton. TX. 77002-3111 With regard 10 your first question. we conclude that local
7131223.5888 sesquicentennial wmmittees are “extensions” of the local governing
entities which create rhem; they are not functional extensions of the
Texas 1986 Sesqu.ll!entennial Commission. Local governing entities
606 Broadway, Suite 312
L”DbOCk. TX. 79401.3479
create their low:. sesquicentennial committees, appoint commircee
6061747.5236 members, and apprc%e the committees’ master plans prior to submission
of the plans to t’l’? state commission. Despite some state commission
influence, local commiteees act primarily as agents for the local
4309 N.Tenth, Suite B
McAllen. TX. 76501.1965
governing bodies which create them. See
- Attorney General (Ipinions
5121662~4547 JM-71 (1983); m-533 (1982).
The state cormlission has specific duties and powers with regard
200 Main Plaza. Suits 400 to sesquicentennizll. activities on the local level, but it does not
San Antonio. TX. 16205.2797
5121225-4191
create the local committees or dictate directly the exteot of their
authority. Article 6145-11. section 7. indicates. in part, that the
commission shall
(1) encourage individuals, private organiza-
tions, zJ.d local governmental bodies to organize
activities celebrating the state’s sesquicenten-
nial;
(2) ~II individuals, private organizations,
and low1
-- governmental bodies that organize
Mr. Randy H. Lee - Psge 2 (.Rl-220)
sesquicentennial _c~ctivicies to coordinate the
activities;
. . . .
(4) develop Iltandsrds for sesquicentennial
sctivl ties orsan cred bv individuals. - .orivate
organizations. -and local- governmental bodies and
sanction activitJes that comply with the
standards. . . . (Eaphasis added).
At the local level, the commission’s functiou is to coordinate
local activities with ocher local activities and with state
activities. The collrmission’s power over local governing entities is
indirect, stemming from the benefit derived by local governing
entities from the increased publicity and appeal that result from the
commission’s promotion of specific local activities. Thus, the
authorjty to develop standards is merely a prerequisite to the
commission’s officisl ssnctlon of local activities. rather than a
statutory grant of direct control over the activities of local
governing entities.
A local governing entity or its local committee is subject to
commission control only when, and only to the extent, that the
commission expends state funds, including donations accepted on behalf
of the state, to encourage, coordinate, and sanction local activities r
as authorized by section 7 of article 6145-11. See Attorney General I
Opinions MW-533, m-489 (l’H2). See also M-114871972). Except in
this limited context, local committees are controlled by the local
governing entities which crtr;ite them.
The status of local colmaittees as “extensions” or *gents of local
governing entities is also rarlevant to your inquiry about restrictions
on the source of contribur::lons that may be accepted by local com-
mittees. Because your Letter refers to 8 city or county
“contribution” to its own wmmittee, at the onset it is necessary to
emphasize that vhen alcwal governing entity makes expenditures
through its own agent -- its local committee - the action constitutes
an expenditure by the local governing entity. It is not a “contri-
bution” in the sense of a “iDnation” to the local committee.
Your other question 3 relate to the validity of certain
contributions to, or expenditures by, CitifS and counties.
Specifically, you inquire .%bout their expenditures (1) for their own
local sesquicentennial comndttees. (2) for their conunittees’ projects
directly, and (3) for j0:inc committees formed with other local
governing entities. We conclude that. subject to the folloving
limitations, local governmental entities may expend funds jr. all three
ways for sesquicentennial activities. You do not inquire about the
Mr. Randy g. Lee - Page 3 [JM-220)
extent to vhich cities end counties may delegate this expenditure
power to local aesquicentunnial committees; therefore, Eve do not
address the issue. See Attorney General Opinion JM-71 (1983); see
generally Canales v. xghl.in, 214 S.U.Zd 451 (Tex. 1948); Pidel~
.Land a Trust Co. of Texas V.-&y of West University Place, 496 S.W.Zd
116 (Tex. Civ. App. - Roustc``l4th Dist.] 1973, writ ref’d n.r.e.).
Limits on expenditurcc, by local sesquicentennial committees
depend upon the local govenmental entities’ authority to make certain
expenditures. Both grants of authority to make expenditures and
limits
-- on its exercise are rr!levant. Counties and cities possess only
the powers expressly or by necessary implication authorized by the
Texas Constitution or statutes, or by local charters. Lower Colorado
River Authority v. City of San Marcos. 523 S.W.2d 641 (Tex. 1975)
Tome rule cities); Canalec?v. Laughlin, 214 S.W.Zd 451 (Tex. 1948)
(count I&) ; Cit of West L.&e Hills v. Westwood Legal Defense Fund,
598 S.W.Zd 681 --+---mnpp
Tex. . - Waco 1980, no vrit) (general law
cities). This rule applies to the power to make certain expenditures.
See Attorney General Opin:.ons JM-191 (1984); JM-65 (1983); H-1170
(1978).
No provision expressly authorizes local governmental entities to
engage In local sesquiccwtennial activities. Nevertheless, by
providing that the conrmisslon shall encourage and sanction local
sesquicentennial activities: by local governmental bodi.es, article
6145-11, section 7, authorizes some local sesquicentennial activities
by necessary implication. More=, numerous more general statutes
expressly authorize counties and cities to engage in local activities
of this sort. See, e.g., V.T.C.S. art. 6145.1 (county historical
commission); V.T.C.S. art. 2372d-8 (certain counties authorized to
make public improvements in.:t!nded to attract tourists); art. 1264j-4.1
(cities authorized to xwl:e public improvements that would be
frequented by tourists); V.‘P.C.S. art. 6081t (G tourism-related
projects); V.T.C.S. art. lOlSc-1 (establishment, by counties and
cities, singly or jointly, 0:: recreational programs and facilities).
Accordingly, local gowrnmental bodies are impliedly authorized
to make reasonable expenditwres for local sesquicentennial activities.
Ag.ain. we emphasize that wedo not address the extent to which cities
and counties may delegate twir sesquicentennial activity authority to
local committees. In many instances, the specific statutes cited may
prevent delegation of certain powers. See. e.g., Attorney General
Opinion .I?+7 1. Therefore, the answers to your questions relating to
particular contributions b:. city and county governments depend only
upon limits on the exercise ,>f this authority.
The Texas Constitution ,:xpressly prohibits the use by a political
subdivision of its public funds or credit for Private purposes. Tex.
Const. art. III, 552; ---
State v. City of Austin, 331 S.W.2d 737 (Tex.
Nr. Randy EC. Lee - Page 4 (JM-220)
1970); see also Tex. Const. art. XI, 93; art. XVI, 16. No fixed rule
delineates exactly what cotrntltutes a public purpose. Nevertheless,
the statutes cited above, particularly article 6145-11 itself, invite
the conclusion that both thl! tourism and historic preservation aspects
of sesquicentennial activl,::tes serve a public purpose. See, also,
V.T.C.S. art. 6144f.
Nevertheless, expenditures for local sesquicentennial activities
cannot benefit private individuals and entities in ways so out of
proportion to the overall p~hlic benefit that they amount to a virtual
donation. Attorney General Opinion JM-65 (1983); see Attorney General
Opinion Jh-103 (1983). An i.ncidental benefit toeprIvate person or
entity is not prohibited. ,G:torney General Opinion MW-423 (1982); see
Barrington7 Cokinos, 338 S.W.2d 133 (Tex. 1960). When expenditux
are made which involve prirate parties, however. particularly if the
expenditures are made dircq:tlg for private local sesquicentennial
“projects,” article III,x?:ion 52 of the Texas Constitution requires
that conditions be attached to the expenditure to assure the use of
public money for a public purpose. See Attorney General Opinions
JM-103 (1983); MW-423 (1982) ; NW-60 (1979).
Article III, section I;; usually relates to government donations
to “private” in the sense oE non-governmental entities as individuals;
hovever , the provision also bars a politlcal subdivisiou from
rratuitouslv nrantinn its funds to soother nolitical subdivision.
Harris Coudty”Flood Contro:t District v. Mann, ‘140 S.W.Zd 1098 (Tex.
1940); San Antonio Independ,$t School District v. Board of Trustees of
San Antonio Electric and Gas System, 204 S.W.2d 22 (Tex. Civ. App. -
El Paso 1947. writ ref’d n.r.e.1: Attornev General Oninions J?+65
(1983); A-1170 (1978). On the other hand; the provision does not
prohibit a local governiug body from contracting with another
political subdivision, or wen with a private entity, to accomplish
certain of its legitimate pll:rposes. Attorney General Opinions Jh-103.
JM-65, J?4-44 (1983); MW-(NC(1979); E-1170, H-1123 (1978); E-413
(1974).
Joint county-city locii1 actions of the kind required for local
sesquiceatennial activities are authorized through other, more general
statutes. See V.T.C.S. art. 4413(32c) (Interlocal Cooperation Act:
section 3A indicates that celebration-expo*ition type activities fall
within scope of act); seu
--- also, V.T.C.S. art. 6081e. $1 (parks,
playgrounds, historic museums and sites); art. 6081t. 152, 2a
(recreational facilities); art. 2372d-9 (auditoriums); art. 2372d-5
(museums) ; art. 1269j-4.5 (civic center authorities); art. 1015c-1
(recreational programs and facilities); art. 969b (acquisition of
property). The specific requirements of these statutes would control
any = local sesquicentennial activities. All that article III.
section 52 requires in sut,k cases is that each participating local
governing body receive a benefit from the joint agreement which
.
Hr. Randy M. Lee - Page 5 (JM-220)
provides a quid pro quo for its expenditures. Attorney General
Opinions R-1170 (1978); H-413 (1974); see also Attorney General
OpinionJM-191 (1984).
SUMFiARY
Local sesquictntennial committees are not
nextensions” of the Texas 1986 Sesquicentennial
Commission; they are the agents of, and are
controlled by, the local governmental entities
which create them, Subject to the limits imposed
by article III, section 32 of the Texas
Constitution, a lccal governing body may expend
public funds for lccal sesquicentennial activities
which serve a valid public purpose.
MATTOX
Attorney General of Texas
TOMGREEN
First Assistant Attorney Gererel
DAVID R. RICRARDS
Executive Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Rick Gilpin
Asslstant Attorney General
APPROVED
:
OPINIONCOKMITTEE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Cuillory
Jim Hoellinger
Nancy Sutton