Untitled Texas Attorney General Opinion ( 1945 )

c .- HE A ORNEY GENERAL OFTEXAS GROVER SELLERS Aunv-r~ ,,.TEXAU Honorable W. E. Lowry, Executive Offioer State Board for Vooational Eduoation Austin 11, Texas Dear Mr. Lowry: Opinion No. O-6933 Re: hhether or not the State Treasurer of Texas may re- oeive funds donated to the Voostional Rehabilitation Division under the same pro- visions and oonsiderations as moneys appropriated by the Legislature. We beg to acknowledge reoeipt of your request for an opinion, as follows: "r * *. We hereby request an opinion from the Attorney General of the State of Texas on the following subject; Can the State Treasurer of the State of Texas reoeive any donated funds which have been donated to the Vocational Rehabilita- tion Division under the same provisions and considerations as any monies appropriated by the Legislature?" In our oral conversation this forenoon you advised that you were specially oonoerned only with the handling of donations from private personal or group donations, and not the handling of Federal funds appropriated by the Congress. You say in your letter that "The State of Texas has prepared and sulmitted to the Federal Security Agenoy a State Plan and the following is an extraot from page ninety-three of the State Plan which was accepted and approved by the Federal Seourity Agenoy: "SE:CTION VIII -- FISCAL PROVISIONS Souroe of Funds There are three source8 from which rehabilitation funda are made available. They are 1. State funds from regular State appropriation. 2. Federal funds allotted to the State for rehabilita- tion purposes. -. - Honorable W. E. Lowry, page 2 O-6933 3. Funds paid out by the Texas School for the Deaf for a Placement Agent who is assigned to the Rehabilitation Division. Custody of Funds The State Treasurer shall be the custodian of all funds received from the Federal Government for the joint Opel7dion Of this program as provided in the Federal Act, and is also the custodian of all State Funds and 'T)onated&nds' set aside for the use of the Rehabili- tation Service. It is not necessary that Federal Funds allocated to the State for rehabilitation purposes be reappropriated by the State Legislature under the Texas laws and regulations. There are no special conditions to the use of State funds. Allotment of such funds for specific rehabilitation pur- poses is left to the discretion of the Director and the State Board,' “As indicated on page ninety-three of the State Plan, any monies which are donated to the Rehabilitation Division shall be placed in the state treasury." Article 2675-1, (Vernon's Codification of the Revised Civil Statutes) is as follows: "Sec. 1. The Legislature of Texas does hereby accept the provisions and bane&$ 8 of an Act of Congress passsd June 2, 1920, amended &&e 5, 1924, entitled: 'AN ACT to provide for the promotion of Vocational Rehabilitation of persons disabled in industry or otherwise, and their re- turn to civil employment.' "Sec. 2. The Treasurer of Texas be, and he is hereby authorized and empowered to receive the funds appropriated under said Act of Congress, and is authorized to make dis- bursements therefrom upon the order of the State Board for Vocational Xduoation. The State Board of Vocational Educa- tion is empowered and instructed to co-operate with the terms and conditions expressed in the ,Aotof Congress aforesaid. "Sec. 2-a. The Vocational Rehabilitetion Division, through the Supervisor of Rehabilitation, is authorized to receive gifts and donations for rehabilitation work, said gifts and donations to be deposited by the Supervisor of Rehabilitation in the State Treasury, subject to the matching of same with Federal Funds up to such amount as the Federal Government may allocate per biennium to the State for said Iionorsble?A.E. Lowry, page 3 O-6933 '::ork,erd vhich has not already been mot with state appropriations for said biennium. “Sec. 2-b. Frovic’edno person shull ever receive any commission in whole or in part for solicitation of any funds as provided in th;.sAct.” Section 2-a, we think, controls the mswer to your inquiry. It specifically authorizes the ‘locationalSehabilitatiofiDivision “to receive gifts and donations for rehabilitation work, said rifts and donations to be ?oposited by the liuperoisorof Rehabilitation in the State Treasury, subject to the matching of sme with Federal Funds up to such amount as the Federal Governncnt may allomte per bienniur?. to the State for said work, and vihi~chhas not already been met with state appropriations for said biennium.” The authority to receive funds apprcprieted by C:ongressis dealt with in Section 2 of the Article, aridSection 2-e, therefore, Eecessarily contemplates other gifts and donetions from any donor capai~leof makirg e gift or donation. ?a therefore Binsueryour question,in the affirmative -- that is, that the State Treasureris authorized to receive such gifts and doii&t!onsand deposit such funds in the State treasury for the pur- poses and in the manner specified in Section 2-a. Trusting thet what we have said sufficiently answers your in- wiry, we are Very truly yours By s/Ocie Speer Ooie Speer