Judges: MARK WHITE, Attorney General of Texas
Filed Date: 12/23/1982
Status: Precedential
Modified Date: 7/6/2016
Mr. James B. Bond General Counsel Texas A and M University System 319 System Building College Station, Texas 77843
Re: Whether the Texas Forest Service may grant state funds to private landowners for reforestation of idle lands
Dear Mr. Bond:
You have requested our opinion as to whether the Texas Forest Service may grant state funds to private landowners for reforestation of idle lands.
The Texas Forest Service is an agency of the Texas A and M University System, under the general supervision of the Board of regents. Educ. Code secs.
In Attorney General Opinion
In our opinion, the Forest Service similarly lacks authority, either express or implied, to grant state funds to private landowners. Even if appropriate legislation were enacted, however, such a grant would raise substantial questions under article III, section 51 and article
Article 3, section 51. The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever. . . .
Article 16, section 6. (a) No appropriation for private or individual purposes shall be made, unless authorized by this Constitution . . . .
No proposed legislation has been presented to us, and we cannot speculate as to particular statutory language, if any, which might avoid those constitutional prohibitions. In certain instances, however, both the courts and this office have approved statutes which authorized grants of public funds to private individuals, so long as the expenditure was made `for the direct accomplishment of a legitimate public purpose.' Barrington v. Cokinos,
Very truly yours,
Mark White Attorney General of Texas
John W. Fainter, Jr. First Assistant Attorney General
Richard E. Gray III Executive Assistant Attorney General
Prepared by Rick Gilpin Assistant Attorney General