The Attorney Generals of Texas
July 31, 1979
rAKWHITE
omey Geneml
Ronorable Joa Resweber .Opinion No.. RW-36
&UT& County Attorney
1001Preston, Suite 634 Re: Authority of the Harris
Houston, Texas 77002 County Department of R&cation
to expend tax funds to buy and mail
Christmas cards
Dear Mr..Jtesweber:
You have. requested our opinion regarding the’ authority of Rarrii
County Department of Rducation to expend tax funds to buy and mail
Christmas cards. Article 3, section 52(a) of the Texas Constitution provides:
Rxcept as otherwise provided by ~this.section, the
Legislature shall have no power to authorixe any
county, city, town or other political corpor@on.or
subdihsion of the State to lend its credit or to grant
public maney or thing of value in aid of, or to eny
individu& association or corporation whatsoever, or
to ..become a stockholder in such Corporatiat,
associatico cc ‘oompany.
I N. Talol. SAW F
“tml. TX. 70241
This office has frequently said .that, in the absence of an adequate quid
mo24E47 pro quo, a public body has no authcrity to contribute publii, funds to or on
behalf of an individual or organization. See Attorney General C@nions
Ii-II89 (1978) (unconditional donation by &y of federal revenue sharing
funds to a private day care center constitutes an improper grant of public
fund& R-620 (l976) (county may not contribute public funds to the
construation of a privately owned and operated livestock show banr); R-397
U974) (county may not become a dues paying member .of a chambersof
commerce); R-70 (l973) (school district ma not purchase personal liability
insurance for school trustees); M-661(1970)rcounty has no authority to make
a grant of public funds to a religious charitable institution); +7197 (19461,
G-6563 (19431,G-l001 (1939) (county may not contribute funds to a private
charitable institution).
In the present instance, it is not asserted thet the county receives any
benefit from the activity you have described. It is therefore our opinion
p. 106
Honorable Joe Resweber - Page TWO (MN-36)
that article 3, seetiar 52(a) of the Texas Constitution prohibits a county from expending
public fundsfor the purchase and mailing of Christmas cards. See also Tex. Canst. art. 8,
s 3.
SUMMARY
Article 3, section 52(a) and article 8, section 3 of the Texas
Constitution prohibitwe couhty from expenw pubuc fun+ for the
puMaas and mailing of Christmas cards.
MARK WHITE "
Attorney General of ‘bx~
JOHNW.I'AINTRR,JR.
Pit Assistant Attomey Generel
TRD L. HARTLRY
Rxecutive Assistant Attorney General
Prepared by Rick Gil@
Assistit Attorney General
APPROVBD:
OPINIONCOMM?lTRR
C. Robert Heath, Chairman
DavidB.Brooka
Walter Davis
SUSMGarrieon
Rick Giii
William G Reid
BruceYolmgblood
p. 107
Untitled Texas Attorney General Opinion
Combined Opinion