Untitled Texas Attorney General Opinion

E NEY GENERAL oea‘~xAs Mr. Nelson Brown Opinion No. WW-638 Executive Director Texas Commission on Alcoholism Re: Authority of Texas 1501 Guadalupe Street Commission on Alco- Austin 1, Texas holism to send Its Education Director to the Yale Summer School of Alcohol Studies at Dear Mr. Brown: State expense. You have requested our opinion as to whether the Texas Commlsslon on Alcoholism, pursuant to a unanimous motion, may pay the expense8 of Its Education Director, Mr. Frank Campbell, while attending the Yale Summer School of Alcohol Studies. We quote from the minutes of the meeting of the Commission held on May 17, 1959: "Judge Barnes discussed the value to be derived from attending the Yale Summer School on Alcohol Studies and indicated Yale University was considered to offer the most thorough and highly respected scientific study of problems related to alcoholism to be found anywhere. Judge Barnes expressed the belief that the Educa- tion Director of the Comml88lon, Mr. Frank Camp- bell, could more efficiently perform the duties of his office If he attended this summer school and moved that Mr. Campbell be sent to Yale this summer and that all expense8 be paid by the State. Second to the motion was made by Mr. Guy and was approved unanimously by the Commission when put to vote." The fact that expenditure8 by the Comml88lon for the exactpurpose set forthin Its minutes were intended by the Legislature is shown by the following line item from the appropriation to the Commission on Alcoholism found in House Bill 133, Acts of the 55th Legislature, Regular Session, 1957, page 942: Mr. Nelson Brown, page 2 (W-638) "For the Years Ending August 31, August 31, 1958 1959 “9. Other operating expenses, including postage, tele- phone and telegraph, stationery and printing, rent, book8 and pamphlets, films and tapes, summer SChOOlS and memberships, office furniture and equlp- ment, miscellaneous supplies and contingent expenses. (Emphasis ours) . . . . . . $20,030 $16,050~~ Even though we find an express appropriation by the Legislature for the purpose under consideration, we mU8t con- SldeP whether it falls within the prohibition of Section 51 of Article III of the Texas Constitution. This Article of the Texas Constitution prohibits the appropriation or grant of public money8 to any individual, association of individuals, municipal or other corporations. The Texas courts have Interpreted this Article as prohibiting any appropriation or grant of State fund8 for a use not di- rectly and substantially related to the performance ofgovern- mental functions and duties of the State. Bexar County Linden, 110 Tex. 339, 220 S.W. 760 (1920 ; Road DlstrictVNo. -11~ Co. v. Allred, 68 S.W. 2d 164 1Comm.App. 1934) opinion adopted by the Supreme Court of Texas; City of AianSaS Pass v. Keeling, 112 Tex. 339, 247 S.W. 818 (1923). Therefore, the test to be applied Is: Does the purpose for which the public moneys are to be expended bear a direct and Substantial relationship to the performance of a governmental function or duty of the State? The governmental functions and duties of the State are carried out through the various State agencies, boards and commisslons In the performance of the duties and purpose8 devolved upon them by the Legislature. The Texas Commission on Alcoholism was eatabllshed and its purposes and duties set forth by the Legislature In Article 5561~ of Vernon's Annotated Texas Civil Statutes. Section 1 of this Article reads In part as follows: Mr. Nelson Brown, page 3 (~~-6~38) .: "The purpose of thins Act IS to prevent broken homes and the loss of lives by creating the Texas Commis~slon on Alcoholism, which shall co-ordlnafe.the effort8 of all interested and affected,State Andy local agencies; develop educa- tional and,preventive programs; . . .' (Emphasis ours). Sec.tion 5 sets forth the duties and function8 of the Commission. Providing therein at Subsection (3): "Promote or conduct educational programs on alcoholism; purchase and provide books, films, and other educational material; . . ." (Emphasfs ours). It Is obvious, from the sections quoted, that one of the duties imposed on the Commission is to provide an education program on alcoholism. It is the duty of Mr. Frank Campbell, the Education Director of the Commission,to ef- fectuate such a program. The Yale Summer School of Alcohol Studies is being conducted for the Seventeenth consecutive year, and the bro- chure indicate8 that seminars will be given In Community Health Education and Public Health. Also included are a series of lectures on the whole phase of problem8 related to alcoholism. Therefore, it Is our opinion that Mr. Campbell would receive information and lnstructlons which would better qualify and enable him to conduct an effective educational program on alcohollam. That is to say, he would be better qualified, as a result of attending the School on Alcohol Studies, to carry out his job; thus, furthering the performance of a govenmental function or duty of the State imposed on the Commission by the Legislature. Therefore, in our opinion the payment of Mr. Campbell'8 expenses while attending the Yale Summer School on Alcohol Studies would be an expenditure of appropriated fund8 for a purpose that bear8 a direct and SUbStantlal re- lationship to the performance of a governmental function of the State, and you are advised that the Texas Comml88lon on Alcoholism may send Mr. Campbell to said school and pay his expenses while attending. Mr. Nelson Brown, page 4 (w-638) SUMMARY ' The Texas Commission on Alcoholism 1s autnorlzed to pay the expense8 of its Education Director while attending the Yale Summer School of Alcohol Studies. Very truly yours, WILL WILSON Attorney General of Texas W. 0. Shul ASSiStant WOS:rm:mg APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman C. Dean Davis Jack Goodman Jot Hodges, Jr. REVIEWED FOR THE ATTORNEY GENERAL BY: W. V, Geppert