Untitled Texas Attorney General Opinion

’ Honorable Dan S. Petty, Director Division of Planning Co-ordination Executive Department Austin, Texas 78711 Opinion No. M-519 Re : Eligibility of a Council of Governments to receive federal grants for water quality research and de- Dear Mr. Petty: velopment projects. In your recent letter you have advised this office that: ."The Federal Water Pollution Control administration of the U. S. Department of the Interior Is authorized under P.L. 84-660, as amended, to make re- . search and development grants to Inter- governmental agencies for water quality abatement programs. The FWPCA has ac- cordlngly asked whether Councils of Government In Texas can receive these grants under Article lOllm, as smended." In the same letter you have requested an Attorney General's opinion on the eligibility of a Council of Governments to receive such federal grants for water quality research and development projects. In our opinion a Council of Governments constituted under the authority of Article lOllm, V.C.S., as last amended by Section 1, Chapter 413, Acts of the 61st Legis- lature, Regular Session, 1969 (Senate Bill No. 547), is eligible under the laws of Texas to receive federal grants for water quality research and development projects. A Council of Governments may be constituted under the authority of Article lOllm, as amended, and derives its powers under the provisions of that statute. -2472- Hon. Dan S. Petty, page 2 (M-518) Article 1Ollm was originally enacted as Chapter 570, Acts of the 59th Legislature, Regular Session, lye>. sec- tion 1, Subdivision C, of that statute defines "Commission" to mean "a Regional Planning Commission created under this Act." The caption and text of the Act refer only to Regional Planning Commissions. Article 1Ollm was amended by Chapter 413, Acts of the 61st Legislature, Regular Session, 1965 (Senate Bill No. 547). The caption of this Act does not mention Council of Govern- ments, but does provide for redefining "Commission", and while the text of the statute generally Is in terms of "Re- gional Planning Commission" or "the Commisslon," yet Section 1, Subdivision C, defines "Commission" to mean "a Regional Plan- ning Commission, Council of Governments or similar regional planning agency created under this Act." (Emphasis supplied), We are therefore of the opinion that the Legislative in- tent is to provide that a Council of Governments may be con- stituted under the Act and that when so constituted it has all the attributes and powers provided by the statute for a Regional Planning Commission, or a "Commission." We are of the further opinion that the caption and the text of the bill are adequate in this respect. Section 2 of Article lOllm, as amended, provides that "The purpose of this Act is to encourage and permit local units of government to join and cooperate with one another to Improve the health, safety and general welfare of their citizens;...... that residential areas provide healthy surroundings for family life;......" '(emphasissupplied). Section 4 of that article provides that "Under this Act a Regional Planning Com- mission shall be a political subdivision of the State, the general purpose of which iS to make studies and plans,...... The Com- mission may make plans for the development of the area which may include recommenda- tions on...... sanitary facilities...... and other items relating to the effectuation of the general purpose." (Emphasis supplied). -2473- Hon. Dan S. Petty, page 3 (M-5i8) Section 6, ~Subsection (a) of Article lOllm, as amended, provides that "A Regional Planning Commission Is authorized to apply for, contract for, receive and expend for its purposes any funds or grants from any participating governmental unit or from the State of Texas, federal government; or any other source.k (Emphasis supplied). A Council of Governments, being authorized under Arti- cle lOllm, as amended, to receive federal grants, and a water quality research and development project clearly fall- ing within the stated purpose of the Act, a Council of Gcvern- ments may receive federal grants for such a project, such grant to be expended by the Council within the limitation of the powers provided for the Council under Article lOllm, as amended. This opinion is directed only to Texas statutes, and does not purport to evaluate the inquiry in terms of the pro- visions of the federal statute. SUMMARY ------- A Council of Governments organized under the authority of Article lOllm, V.C.S., as amended, may receive federal grants for water quallty research and developments projects. ,,I/ Very truly yours, General of Texas Prepared by James S. Swearingen Assistant Attorney General -2474- Hon. Dan S. Petty, page 4 (M-518) APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman George Kelton, Vice-Chairman Ed Esquivel Bill Craig Llnward Shivers Richard Chote MEADE F. GRIFFIN Staff Legal Assistant NOLA WHITE First Assistant -2475-