Untitled Texas Attorney General Opinion ( 1982 )

. ’
The Attorney General of Texas
January 14. 1982
MARK WHITE
Attorney General
Supreme Gaun Building
Mr. Curtis Tunnel1 Opinion No. w-423
P. 0. Box 12548 Acting Director
Austin. TX. 76711 Texas Historical Commission Re: Appropriation to Texas
5121475-2501 P. 0. Box 12276 Historical Commission for
Telex 9101674.1367
Austin, Texas 78711 musem grants
Telecopier 51214750266
Dear !lr. Tunnell:
1607 Main SI.. Suite 1400
Oallas. TX. 75201 Your predecessor in office has asked several questions concerning
214iT424944
an appropriation to the Texas Historical Commission for museum grants.
Section 16A of article 6145, V.T.C.S.. provides as follows:
4624 Alberta Ave.. Suile 164
El Paso. TX. 79905 Sec. 16A. The Commission may make grants of
9151533-3464 funds given or appropriated to it for that purpose
to museums honoring fire fighters and their work.
I Dallas Ave.. Suite 202
This authorization shall extend to August 31,
.ston.TX. 77002 1983.
713,65OG66
Your questions concern the following.i:en of appropriation found
in the current General Appropriations Act:
806 Broadway. Suite 312
Lubbock. TX. 79401
aw747.3236 TEXAS HISTORICAL COt+liSSION
For the ‘Fears Ending
4309 N. Tenth. Suite B
McAlie”. TX. 76501
5 121662-4547
August 31, August 31.
1982 1983
2W Main Plaza. Suilc 400
San Anlonio. TX. 76205
3. Field and Museum Consultation:
512l223-4191
E. Museum Grants 50,000 U.B.
An Eaual OpportunityI
Affirmative Action EmplOyer Acts 1981. 67th Leg., ch. 075 at 3424. The following riders refer to
this item of appropriation:
The Texas Historical Commission shall make
grants from Item 3.c. as provided by Section 16A
of Article 6145 in amounts totalling $50,000 for
the 1982-1983 biennium.
P. 1440
?lr. Curtis Tunnel1 - Page 2 (MW-423)
It is legislative intent that funds
appropriated above for item 3.~. Museum Grants are
for the 1982-1983 biennium only and the Historical
- Commission will not request funds for this purpose
in the future.
You first ask whether this item of appropriation violates article
i-“-
..bi, section 6 and article III, sections 51 and 52 of the Texas
Constitution. These provisions prohibit the grant of public money to
individuals or associations. They do not, however, prevent the use of
public funds to accomplish a public purpose, eve” though a private
person may be incidentally benefitted. See, e.g., Barrington v.
Cckinos. 338 S.W.2d 133 (Tex. 1960); Attorney General Opinions ?lW-89
f’:5i9); H-1260 (1978). When the state seeks to accomplish a public
purpose by granting funds to a private entity, it must maintain
adequate control over the use of the funds to see that the public
purpose is achieved. Attorney General Opinions MW-89 (1979); H-1309
(19X); H-912 (1976).
We believe the Texas Historical Commission may constitutionally
make grants pursuant to section 16A of article 6145. V.T.C.S. A prior
rpinion of this office held that appropriated funds may be used to
fund cultural programs for Texas neighborhoods and communities.
Attcrney General Opinion M-531 (1969). The opinion found a public
pr;rpose in creating awareness of the fine arts among members of the
;:blic. h’e believe that the support :f museums also constitutes a
;‘::lic purpose in that it helps to educate the public about such
_“
=..irects
__ as history, economics, and ,ar.rhropology. We note that the
legislature has authorized governmental entities to own and maintain
xseums. -See V.T.C.S. arts. 2372d; 61381e; 6145.1; Attorney General
CTiz?ion H-1170 (1978). Cf. Attorney General Opinion ``-60 (1979)
(county may contribute public funds to zoo operated by nonprofit
corporation). Any grants made pursuant to section 16A of article 6145
=Ust of course be subject to conditions to ensure that a public
:crpose will be served. A grant made without such controls would
.:iolate the constitution. The commission may provide control by
contract entered into with the grantee. See V.T.C.S. art. 6145, 521;
A:torney General Opinion hW-60 (1979).
You next ask whether the $50,000 appropriation may be allocated
,only to the Fire Museum of Texaslocated in Grand Prairie, or whether
it may also be allocated to other museuns in Texas which have exhibits
honoring fire fighters and their work. Section 16A of article 6145,
7.1.C.S.) gives the commission discretic” to grant funds “to museums
honoring fire fighters and their work.” The class of potential
grantees is not limited to a single museum. The appropriation act
sfates that the $50,000 appropriation shall be used as provided in
section 16A of article 6145. We find “c indication in the language of
the appropriations act that the grant ray be made only to a specific
lentified museum. Where the language cf a statute is clear, it will
p. 1441
, .
Nr. Curtis Tunnel1 - Page 3 (MU-423)
be given effect according to its terms. Caddy vi First National Bank
of Beaumont. 283 S.W. 472 (Tex. 1926). Where there is no ambiguity in
the statute. there is no occasion to examine lenislative ProceedinRs.
Gibbs \L, United States Guarantee Company!. 218 S.W.2d 522 (iex. Civ.
APP. - Austin 1949. writ ref’d). Your request letter states that a
legislator proposed to the House Appropriations Committee that the
entire $50.000 be al,located to the Fire Museum of Texas located in
Grand Prairie. Letters submitted to us in connection with this
request also demonstrate that the needs of the Fire Museum were
presented to members of the legislature. However, there is no
indication in the language of the appropriations act that the S50,OOG
appropriation is to be limited to a single recipient. Thus, we cannot
conclude that the legislature in approving the appropriations act
intended this sum to be granted in its entirety to the Fire Museum of
Texas. The Historical Commission may allocate these funds to any
Texas museum or museums honoring fire fighters and their work.
You finally ask whether the commission in making a grant pursuant
to section 16A of article 6145 may require some type of stewardship,
such as a condition that the state would be reimbursed for grants made
in case the institution closed within a specified period of time. As
indicated ‘in answer to your first question, we believe the commission
should attach conditions to such grants to ensure achievement of the
public purpose for which the grant is authorized. The condition you
describe would require :he muse,um to remain open long enough for the
public to receive a benefit commensurate with the grant .zf public
funds. We do not atdress the question of what constirutes a
reasonable time period; however, we believe the commission has
discretion to attach such a condition to the receipt of a grant.
SUMMARY
The legislature may constitutionally
authorize the use of public funds for grants to
museums honoring fire fighters and their work.
The appropriation made to the Texas Historical
Commission for that purpose may be allocated to
Texas museums honoring fire fighters and their
work and is not restricted to a single grantee.
The constitution requires that the Texas
Historical Commission attach conditions to the
grant to ensure that the public purpose for which
it is authorized is carried out.
Very truly yours, /7
MARK WHITE
Attorney General of Texas
n. ILL?
Mr. Curtis Tunnel1 - Page 4 (Mu-423)
JOHN U. FAINTER:JR.
First Assistant Attorney General
RICHARD_F. GRAY III
Executive Assistant Attorney General
Prepared by Susan L. Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Rick Gilpin
Jim Hoellinger
p. 1443