Untitled Texas Attorney General Opinion

C
THEA ORNEk- @ENEJ~CA
OF TEXAS
Honorable Byron Tunnel1 Opinion No. C-25
Speaker
House of Representatives Re: Construction of Sec-
Austin, Texas tion 56 of Article
XVI of the Constltu-
Dear Mr. Tunnell: tion of Texas.
Your request for an opinion on the above subject matter
reads as follows:
"I hereby request an opinion from
you concerning the constitutionality
of House Bill No. 11. My particular
question Is, under Article 16, Section
56 of the Constitution is the legisla-
ture prohibited from authorizing expen-
ditures of money for the purposes set
forth in Article 16, Section56 of the
Constitution in any other manner than
by advertising In periodicals having
national circulation. Or, stated in
another manner, may the legislature
authorize the expenditure of money
under Article 16, Section 56, by the
use of radio, newspapers, television
and other means deemed appropriate.
"Your earliest possible considera-
tion of this Important matter would be
appreciated."
Section 56 of Article XVI o,fthe Constitution provides
as follows:
"The Legislature of the State of
Texas shall have the power to appro-
priate money and establish the proce-
dure necessary to expend such money
for the purpose of developing informa-
tion about the historical, natural,
agricultural, industrial, educational,
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Honorable Byron Bunnell, Page 2 Opinion No. C- 25
marketing, recreational and living
resources of Texas, and for the pur-
pose of informing persons and corpora-
tions of other states through adver-
tising in periodicals having national
circulation, and the dissemination
of factual information about the aovan-
tages and economic resources offered
by the State of Texas; providing,
however, that neither the name nor
the picture of any living state offi-
cial shall ever be used In any of
said advertising; and providing that
the Legislature may require that any
sum of money appropriated hereunder
shall be matched by an equal sum paid
into the State Treasury from private
sources before any of said money may
be expended."
Section 56 of Article XVI, above quoted, was adopted
at the General Election on November 4, 1958. In Attorney
General's Opinion ``-833 (1960), it was held:
"It Is to be noted that the Legls-
lature was not directed to appropriate
these funds from any specific source
of revenue. To implement this new
constitutional provision L-Article
XVI, Section 56, above quoted 7 the
56th Legislature passed S.B. i52
(Acts 1959, Regular Session, page
431, Chapter 193). Sec. 3(a) thereof
is quoted on the first page of this
opinion. This contains express
authority to do the thing inquired
about by Mr. Greer - the paying for
this brochure out of hlghway~funds -
and we quote: 'The Texas Highway
Department is authorized and empowered
to pay . . . the cost of developing
and publishing various material and
the dissemination thereof . . . from
highway revenues.'
II . . .
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Honorable Byron Tunnell, Page 3 Opinion No. C- 25
"It is the opinion of this office
that the use of highway funds to pay
for publishing and distribution of the
brochure is in accordance with S.B. 152
above referred to and of Art. 16, Sec.
56 of the Constitution, is not prohi-
bited by Art. 8, Sec. 7-a, nor by any
other constitutional provision."
In Attorney General's Opinion WW-534 (1958), it was
held that the Texas Industrial Commission could expend monies
for the purpose of planning, organizing and operating a
program for attracting and locating new industries in this
State, pursuant to the provisions of Article 5190& Vernon's
Civil Statutes, and stated:
"We are sustained In this c,onclu-
sion in view of the fact that the
voters of Texas adopted an amendment
to Section 56 of Article XVI of the
Constitution of Texas at the general
election in 1958 . . ."
In Attorney General's Opinion ww-676 (1959), it was
held:
"It Is our opinion that Section 56
of Article XVI, supra, together with
the enabling act, Article 5190$, constl-
tutes pre-existing law, which would
authorize you to pay these accounts, if
in fact the accounts for salaries, of-
fice rent, etc., were incurred by the
Texas Industrial Commission in planning,
organizing or operating a program for
attracting and locating new Industries
in the State of Texas. . . .'
The above mentioned Attorney General's Opinions are
the only opinions construing the provisions of Section 56
of Article XVI of the Constitution of Texas, as amended in
1958, and, to our knowledge, there has been no decision by
the courts of this State construing the amendment.
It appears from the wording of Section 56 of Article
XVI that the Legislature has the power to appropriate money
for three purposes: (1) "f,orthe purpose of developing infor-
mation about the historical, natural, ,agrlcultural,industrial,
educationalA marketingA recreational and living resources of
Texas . . . , and (2) for the purpose of informing persons
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Honorable Byron Tunnell, Page 4 Opinion No. C- 25
and corporations of other states through advzrtisi"$ intI
periodicals having national circulation. . . , and 3) the
dissemination of factual Information about the advantages
and economic resources offered by the State of Texas. . .' .
It is clear that purpose (1) does not pertain to advertising,
but applies only to the developing of certain Information.
Where pa&sons and corporations of other states are to be
informed about the advantages and economic resources of Texas
through the medium of advertising in periodicals, such period-
icals must have a national circulation; however, this limita-
tion is clearly applicable only to this particular medium.
You are, therefore, advised that the Legislature may
authorize the expenditure of money under Section 56 of
Article XVI of the Texas Constitution for the purpose of the
dissemination of factual information about the advantages
and economic resources offered by the State of Texas. The
only limitation placed upon the Legislature as to its choice
of the method of the dissemination of factual Information
about the advantages and economic resources offered by the
State of Texas is that when the advertising medium chosen
for the purpose of disseminating such information to persons
and corporations of other states is a periodical, it must
be one of national circulation.
The above conclusion is In harmony with the holdings
of Attorney General's Opinion ``-833, WW-534 and WW-676,
copies of which are enclosed for your information.
SUMMARY
The Legislature may authorize the expendi-
ture of money under Section 56 of Article XVI
of the Constitution of Texas for the purpose of
the dissemination of factual information about
the advantages and economic resources offered by
the State of Texas by use of radio, newspapers,
television and other means deemed appropriate.
However, the Constitution prohibits the expendl-
tures of funds for the purpose of disseminating
such information to persons or corporations of
other states through the medium of advertising
in a periodical unless such periodical be one of
national circulation.
Yours very truly,
WAGGONER CARR
Attorney General of Texas
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Honorable Byron Tunnell, Page 5 Opinion No. C- 25
Assistant Attor
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
W. 0. Shultz
Howard Mays
Ben Harrison
Frank Booth
APPROVED FOR THE ATTORNEY GENERAL
By: Stanton Stone
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