The Attorney General of Texas
December 23, 1982
MARK WHITE
Attorney General
Mr. James B. Bond, General Counsel Opinion No. ~~-532
Supreme Court Building Texas A and M University System
P. 0. Box 12546
319 System Building Be: Whether the Texas Forest
Ausfin. TX. 76711- 2546
5121475-2501
College Station, Texas 77843 Service may grant state funds
Telex 9101674-1367 to private landowners for
Telecppiar 5121475-0266 reforestation of idle lands
Dear Mr. Bond:
1607 Main St., Suite 1400
Dallas, TX. 75201-4709
2141742.6944 You have requested our opinion as to whether the Texas Forest
Service may grant state funds to private landowners for reforestation
of idle lands.
4624 Alberta Ave.. Suite 160
El Paso, TX. 799052793
9151533.3464 The Texas Forest Service is an agency of the Texas A and M
University System, under the general supervision of the board of
regents. gduc. code SACS. 88.001, 88.102. The board appoints a state
1220 Dallas Ave., Suite 202
forester, who serves as the director of the Forest Service. Educ .
~auston, TX. 77002.6966
7131650-0666
Code sec. 88.101. The general duties and authority of the Forest
Service in general, and the state forester in particular, are
described in subchapter B of section 88 of the Texas Education Code.
606 Broadway, Suite 312 None of these statutes makes any reference to the grant of state funds
Lubbock, TX. 79401.3479 to private landowners for reforestation of idle lands or for any other
6061747-5236
purpose.
4309 N. Tenth, Suite 6 In Attorney General Opinion H-1272 (1978), this office said that
McAllen. TX. 76501-1665 the Department of Labor and Standards lacked statutory authority to
5121662.4547 fund a Mobile Home Information Center to be operated by a private
nonprofit corporation. Noting the well established rule that an
200 Main Plaza, Suite 400 administrative agency has only those powers expressly granted to it by
San Antonio. TX. 76205-2797 statute or necessarily implied therefrom, Stauffer v. City of San
5121225.4191 Antonio, 344 S.W.2d 158 (Tex. 1961), Attorney General Opinions H-897
(1976). M-1131 (1972). the opinion observed that prior opinions which
An Equal Opportunity/
had approved grants by state agencies to other public and private
Affirmative Action Employer entities had relied on express statutory authority. -See Attorney
General Opinions H-140 (1973); C-673 (1966).
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
p. 1923
Mr. James B. Bond - Page 2 (MW-532)
article XVI, section 6 of the Texas Constitution, which provide, in
pertinent part:
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, 338 S.W.2d 133,
140 (Tex. 1960). See also State v. City of Austin, 331 S.W.2d 737
(Tex. 1960); Davis v. City of Lubbock, 326 S.W.2d 699 (Tex. 1959);
Harris County v. Dowlearn, 489 S.W.2d 140 (Tex. Civ. App. - Houston
1972, writ ref'd n.r.e.); Letter Advisory No. 107 (1975).
SUMMARY
The Texas Forest Service, an agency of the
Texas A and M University System, lacks statutory
authority to grant state funds to private
landowners for reforestation projects. Whether
legislation granting such authority would be
consistent with article III, section 51 and
article XVI, section 6 of the Texas Constitution
would depend on whether the grant of state funds
would accomplish a legitimate public purpose.
-MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
p. 1924
. .
Mr. James B. Bond - Page 3 (MW-532)
Prepared b$ Rick Gilpin
Assistant Attorney General
APPROVRD:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Roxanne Caperton
Rick Gilpin
Patricia Hinojosa
Jim Moellinger
Bruce Youngblood
p. 1925