Untitled Texas Attorney General Opinion

E ORNEY GENERAL OF EXAS AUSTIN 11.TEXAS May 3, 1960 Mr. D. C. Greer Opinion No. VW-833 State Highway Engineer Texas Highway Department Re: Whether Section 7-a of Austin 14, Texas Article VIII of the Texas Constitution prohibits the expenditure of high- way funds for publishing and distributing a brochure, advertlslng Texas, attracting tourists, en- couraging and distributing automobile travel, and giving information pertaining to the supervision of traffic Dear Mr. Greer: and safety on our highways. Your request for an opinion reads as follows: "In order to implement the provisions of Section 56 of Article 16 of our Constitution as it was recently amended, the 56th Legisla- ture passed Senate Bill 152 (Acts 1959, 56th Legislature, Regular Session, page 431, Chapter 193) which states in part as follows: "'Sec. 3(a) For the purpose of dissemi- nation of Information relative to high- way construction, repair, maintenance, and upkeep, and for the purpose of ad- vertising the highways of this state and attracting traffic thereto, the Depart- ment is empowered to compile and publish, for free distribution, such pamphlets, bulletins, and documents as it will deem necessary and expedient for informational and publicity purposes concerning the highways of the state, and with respect to public parks, recreational grounds, scenic places, and other public places and scenic areas or objects of interest, data as to distances, historical facts, and other Hon. D. C. Greer, page 2 (WW-833) items or matters of interest and value to the general public and road users; . . . 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.' "Attached is the layout and a draft of the text of a brochure which this Department is planning to publish and distribute under the pro- visions of the act. The Comptroller has questioned the constitutionality of the expenditure of high- way funds for this purpose. Would you please ad- vise us whether or not sec. 7-a of Article 8 of the Constitution prohibits the expenditure of highway funds for publishing and distributing the pro- posed brochure." You requested that this opinion be held up pending your amending and enlarging the brochure. As now consti- tuted it contains additional information concerning super- vision of traffic and safety on our highways. It contains a map of our highway system, a synopsis of traffic laws, comments on highway signs and safety markers, and exhorta- tions on safe driving. It vividly depicts in words and pictures, the diversification of Texas from mountains to seashore; it is designed to give impetus to tourist travel and to distribute this traffic more evenly by spreading same to the myriad places of interest throughout Texas. The Governor has said of this brochure: "This is a service essential to the operation and supervision of traffic and safety on our highways, as contemplated by Section 7-a, Article 8, of the Texas Constitution." The publication and distribution of this informative treatise out of highway funds is in accord with the long time departmental interpretation of the Highway Department's authority to spend its funds for maps, tourist information centers, and replies to more than 200,000 annual inquiries for highway and traffic information. It is anticipated that the expense of this brochure will be refunded to the highway fund many times due to the great increase in automobile travel and the resultant increase in gasoline taxes. Hon. D. C. Greer, page 3 (~~-833) Three constitutional and statutory enactments should be construed together in answering your question. Art. 16, sec. 56, of our Constitution, adopted in 1958, provides in part as follows: "Providing that the Legislature shall be authorized to appropriate money and estab- lish the procedure necessary to expend such money for the purpose of developing infor- mation about the historical, natural, agricultural, industrial, educational, market- ing and living resources of Texas, and for the purpose of informing persons and corporations of other states through advertising in periodicals having National Circulation and the dissemination of factual information about the advantages and economic resources offered by the State of Texas." (Emphasis added) It is to be noted the Legislature was not directed to appropriate these funds from any specific source of revenue. To implement this new constitutional provision the 56th Legislature passed S.B. 152 (Acts 1959, Regular Session, page 431, Chapter 193). Sec. 3(a) thereof is quoted on the first page of this opinion. This contains ex- press authority to do the thing inquired about by Mr. Greer - the paying for this brochure out of highway funds - and we quote: "The Texas Highway Department is authorized and em- powered to pay . . . the cost of developing and publishing various material and the dissemination thereof . . . from highway revenues." To hold that the brochure cannot be paid for out of highway funds would require the holding that S. B, 152 is un- constitutional. An act cf a state legislature must be held valid unless the State or Federal Constitution by express terms or by necessar implication prohibits its passage. L.C.R.A. vs McGraw, 83 S.W. 2d 629, 125 Tex. 268. If reason- ably possible, a statute must receive a construction render- in it valid. Hamrick vs. Simpler, 95 S. W. 2d 357, 127 Tex. 42i . We hold that S. B. 152 is constitutional. It is authorized under Art. 16, Sec. 15, and does not contravene any provision of the Constitution, including Art. 8, Sec. 7-a, the applicable portions of which are as follows: Hon. D. C. Greer, page 4 (WW-833) "Subject to legislative appropriation, allo- cation and direction, all net revenues re- maining after payment of all refunds allowed by law and expenses of collection derived from motor vehicle registration fees, and all taxes, except gross production and ad valorem taxes, on motor fuels and lubricants used to propel motor vehicles over public roadways, shall be used for the sole purpose of acquiring rights-of-way, constructing, maintaining and policing such public roadways, and for the administration of such laws as 9 be prescribed by the Legislature pertain- ing to the supervision of traffic, and safety on such roads." (Emphasis added) Our highway revenues include large amounts from sources other than those derived from motor vehicle regis- tration fees and taxes from motor fuels and lubricants. To illustrate, for the fiscal year ending August 31, 1959, highway revenues included $1,067,592.90 from permits for oversize and overweight vehicles, $908,754.25 from certi- ficates of title fees, and $32,284.50 from transfer of per- mits by Railroad Commission on sale of bus and truck lines. Furthermore. Art. 8, Sec.7-a and Art. 16. Sec. 15 should be construed together.. Texas Nat. Guard Armory Board vs. McGraw, 126 S. W. 2d b27, 132 Tex. 613; Duncan vs. Gabler, 215 S.W. 2d 155, 147 Tex. 229. 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 prohibited by Art. 8, Sec. 7-a, nor by any other constitutional provision. Section 7-a of Art.8 of the Texas Constitution does not prohibit the expenditure of highway funds for publishing and distributing the brochure advertising Texas, attracting tourists, Hon. D. C. Greer, Page 5 (w-833) encouraging and distributing automobile travel, and giving information pertaining to the supervision of traffic and safety on our highways. Very truly yours WILL WILSON At APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Martin DeStefano Arthur Sandlin Virgil Pulliam REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore