Untitled Texas Attorney General Opinion ( 1958 )

Honorable Bill Allcorn Opinion No. W- 505
Commissioner
General Land Office Re: Whether the,General Land
Austin, Texas Office can pay registration
fees for the Chief Apprais-
er, the Executive Secretary
of the Veterans' Land Board
and an attorney, to attend
the Southwest Appraisal Con-
Dear Mr. Allcorn: ference to be held In Austin.
You have requested our opinion on whether the General
Land Office can pay,registration fees for the Chief Appriaser,
the Executive Secretary of the Veterans' Land Board and an
attorney, all employees of the General Land Office, to attend
the Southwest Appraisal Conference to be held in Austin. You
state that the ffeneralLand Office has had numerous and varied
problems arising out of condemnation proceedings, both from
the legal standpoint and from the standpoint of placing an
ap?ralsed value on land being condemned. Your appraisers
appraise State-owned free public school land and the land
presently owned by-the Veterans' Land Board in connection with
condemnation proceedings.
Section 51 of Article III of the Constitution of
Texas reads In part asfollows:
"The Legislature shall have no?power to make
any grant of public moneys to any Individual, asso-
ciation of Individuals; funicipal or other corpora-
tions whatsoever; . . .
Numerous opinions have been written by this office
on whether comparable expenses may be paid for State employees
to attend meetings, conferences and schools. Attorney General's
Opinion wW-433 (lg58), after citing the above constitutional
provision, sums the applicable law a6 follows:
y3~:0~'11,~jle
Xl1 Allcorn, Page 2 (WW-505).
";,i1;:z;+arent that the above Article pro-
!l.Lbits the Legislature from granting 0.rappropriat-
i:;gp\:bllcmoney to any'indlvldual, association of
lMiivir,jual:j, municipal or other corporations. How-
ever, the Texas courts have Interpreted Section 51,
Article III, as not preventing the Legislature from
appropriating State funds to an individual, assocla-
tion of individuals, municipal or other corporations
if the use and purpose of the appropriation Is for
the furtherance of the governmental duties of the'
State. Ii'the appropriation is-for a use not related
to State .._Eovernrnentaiduties and functions. such
*-orlation is a gratuity and Invalid. Sexar
apu*u-
County v. Linden, 110 Tex. 339, 220 S.W. T-920);
I':oad 'X::tricr:No. 4, Shelby Co. v. Allred, 68 S.W.2d
TG-4 (sotmi.i.QP., 1934) opinion adopted by the
Sayme court; City of'Aransas Pass v. Keeling 247
s .rf
. 218, 112 Tex. 339 (1923); Jones v. Alexander,
53 S.W.2d 1083 (Comm. App., 19331, opinion adopted
by the Supreme Court; Texas Pharmaceutical Assocla-
t;on v. Dooley, 90 S.W.2d 328 (Tex. Civ. App., 1936);
Jei'ferSOn CO. V . Board of Co. & Dist. Road Indebted-
=, lb;.:S.W.2d 0 (1944).
Attorney General's Opinion w-83 (1957) discusses
p,-1orAttorney General's Opinion on this question and concludes:
"It 1~::to be noted that in determining whether
tr,--,v@2
is included Pursuant to the general approprla-
i;:nni.ill1s i'or 'state business' the question to be
de&&d ic whether the result Is the accomplishment
:>I?
a governmental function and that the means and
ii:<:thod.s
t,?c,;teti
1 is reasonably necessary. Since the
traini.;iti,
:iescr*ibe? in your letter will be directly
and :;~~i'i:~tant:1a:ily
us<6 to facilitate the operation
I:,
i t.:;?TX.1equipment to be used by the Roard of
:YlS'lr'2tlC"
Commissioners, it is cur opinion that the
pro~oncd travc!,is for 'state business' since such
!:ripwill ruc;;tilt In the accomplishment.of governmen-
~a1 fun:tLons entrusted to the employees antiwill be
~1‘a substaht1a.land direct benefit to the Board of
Insurance Zommissloners. You are, therefore, advised
that ttl?proPosed travel expense as outlined In your
t~.-q"cst.i::author:zed."
-, ,
Honorable Bill Allcorn, Page 3 (W-505).
Applying these principles to the instant case, in
our opinion the (ChiefAppraiser of the General Land Office
has offl~cialduties devolved upon hlm In relation to free
public school land and land owned by the Veterans' Land Board
of such a character that a high degree of professional compe-
tence io yippraisingland values would be necessary to the
perl'ormanceof a government&l function entrusted to him and
would be of substantial and direct benefit to the General Land
.Office. The training and information received at such confer-
ence would have, therefore, a sufficient relationship to the
performance of a governmental function as to allow such regis-
tration fee to be paid by the State.
The Executive Secretary of the Veterans' Land Board,
having supervisory responsibility over the operations of the
Veterans' Land Board, has a primary concern for the proper and
adequate appraisal of lands involved in the Board's activities
cu,fficlentto establish that his attendance at such conference
would be for the primary benefit of the State. !IheGeneral
Land Office may pay his registration fee. Also, since the
operations of the General Land Office and the Veterans' Land
Board, including appraisals, are conducted in a context of
specific legal requirements, we feel the General Land Office
may also pay the registration fee for this attorney to attend
the conf'erence.
SUMMARY
The General Land Office may pay the
registration fees for the Chief
Appraiser to attend the Southwest
Appraisal Conference, such training
recej.vedbeing reasonably, substan-
tially and directly related to his
duties, and the registration fees
for the Executive Secretary of the
Veterans' Land Board and an attorney
Scjr ';he,GeneralIand Oft'ice
may :11sobe pald.
Sinc.erely,
WILL WITSSON
Attorney General of Texas
Tom I. IrloFarling
Assistant U
T:fM:ci :,j
!.
:\PPROTTD:
OP:I~I!Xl
COMMITTET?::
Geo. 1".Blackburn, Chairman
Jack Goodman
L. ?. Loilar
0?. M!.l.torl
Richardson
i-E:'1
:;!?:E!-I
FOR '~i:I~i.E
P.?TTOiiNEY
GENERAL
'BY:
Ii. V. Goppert