THEA-JXORNEYGENERAL
OF TEXAS
AUSTIN. TXEXAS 787ll
JOaN I.. BILL
*x-n-o- CI-Al.
August 5, 1974
The Honorable James R. Arnold Opinion No. H- 366
Administrator
Governor’s Office of Traffic Safety Re: Use which may be made
P. 0. Box 13449, Capitol Station of the “Drive Friendly” logo.
Austin, Texas 78711
Dear Mr. Arnold:
You have asked several questions concerning the authority of the
Governor’s Office of Traffic Safety to earn income from the promotional
use of the “Drive Friendly” logo.
Your office wishes to place an inexact representation of the “Drive
Friendly” logo on a number of T-Shirts, sell the shirts through a
merchandising agent who would be a private individual or corporation,
realize a profit or “income” from the transaction and then use funds thus
earned for other aspects of a traffic safety program. Your questions are
answered in this cont:ext.
The Governor!s Office of Traffic Safety derives its authority from
the Governor who, by Article 670lj-1, V. T. C. S., The Texas Traffic
Safety Act of 1967, is “responsible for preparing and adinihistering a
statewide traffic safety program designed to reduce traffic accidents and
tie resulting deaths, injuries, and property damage. ” Sec. 2 (b).
The Governor is given extensive authority to design and administer
a program of dr%ve,r education and training for Texas, including the power
to provide “for coneracts bet:ween governing bodies of centrally located
independent school dj,stricts or other suitable public and private agencies
and the State !,o provide for approved driver education and training programs.. . ”
Sec. 3(a) (3).
p. 171,3
The Honorable James Arnold page 2 (H-366)
He is also given implicit power to contract with the Federal Govern-
ment and with political and legal subdivisions of the State when this is
necessary to implement a traffic safety program. Sets. 4, 5(b). Political
and legal subdivisions are, in turn, authorized to contract with the State,
with each other, and with private persons and may expend funds from any
source of “activities incident to the performance of any part of the program
and may contract and pay for personal services or property to be used in
the program or activities incident to the program. ” Sec. 5(b).
Apart from the planning and coordinating responsibilities given to
the Governor, his most important power is his authority to allocate “such
funds as may be appropriated by the Legislature in the General Appropria-
tions Act to implement the purposes of this Act. ” Sec. 7 (b).
Section 6 (d) identifies the method of allocation:
Grants in aid for governmental purposes and
payments to discharge contractual obligations may
be made to legal and political subdivisions of the
State to carry out any duties and activities which
are part of a statewide traffic safety program
created, developed, and maintained under this Act.
For the implementation of this Act, contractual
payment may be made from the Traffic Safety Fund
for services rendered and property furnished by
prj,vat,e persons and by agencies which are not
political and legal subdivisions of the State.
We interpret Article 67Olj-1 as contemplating: (a) intergovernmental
contracts; (b) contracts between the State (Governor) and private agencies
if necessary for dri~ver education programs, Sec. 3(3); (c) contracts
between political subdivisions and private individuals for a variety of
purposes and activities incident to a traffic safety program.
We cannot find authori.ty Ior a contract between the Governor’s
office and a private corporati.on providing for the merchandising of
“Drive Friendly’! T-shirts to the general public, to earn additional income
for the State Traffic Safety Program.
p. 1714
The Honorable James Arnold page 3 (H-366)
In Forth Worth Cavalry Club v. Sheppard, 83 S. W. 2d 660, 663
(Tex. 1935), the Supreme Court said:
All public offices and officers are creatures of law.
The powers and duties of public officers aredefined and
limited by law. By being defined and Iimited by law,
we mean the act of a public officer must be expressly
authorized by law, or implied therefrom . . . . It
follows from the above that public officers may make
only such contracts for the government they represent
as they are authorized by law to make.
We are unable to find express or implied authority in Article
67Olj-1, V. T. C. S., for a contract between the Governor and either
a private corporation or individual for the merchandising of “Drive
Friendly ” T-shirts to earn additional income for the State Traffic
Safety Program.
SUMMARY
The Governor’s Office of Traffic Safety does
not have authority under Article 6701-j, V. T. C. S.
the Texas Traffic Safety Act, to earn income by
means of a contract executed by it assigning rights
to the promoti,onal use of the “Drive Friendly” logo
to a pri,vate corporation or individual.
Very truly yours,
JOHN L. HILL
Attorney General of Texas
The Honorable James Arnold page 4 (H-366)
DAVID M. KENDALL, Chairman
Opinion Committee
p. 1716