c .-
HE A ORNEY GENERAL
OFTEXAS
GROVER SELLERS Aunv-r~ ,,.TEXAU
Honorable W. E. Lowry, Executive Offioer
State Board for Vooational Eduoation
Austin 11, Texas
Dear Mr. Lowry: Opinion No. O-6933
Re: hhether or not the State
Treasurer of Texas may re-
oeive funds donated to the
Voostional Rehabilitation
Division under the same pro-
visions and oonsiderations
as moneys appropriated by
the Legislature.
We beg to acknowledge reoeipt of your request for an opinion,
as follows:
"r * *. We hereby request an opinion from the Attorney
General of the State of Texas on the following subject; Can
the State Treasurer of the State of Texas reoeive any donated
funds which have been donated to the Vocational Rehabilita-
tion Division under the same provisions and considerations
as any monies appropriated by the Legislature?"
In our oral conversation this forenoon you advised that you
were specially oonoerned only with the handling of donations from
private personal or group donations, and not the handling of Federal
funds appropriated by the Congress.
You say in your letter that "The State of Texas has prepared
and sulmitted to the Federal Security Agenoy a State Plan and the
following is an extraot from page ninety-three of the State Plan which
was accepted and approved by the Federal Seourity Agenoy:
"SE:CTION VIII -- FISCAL PROVISIONS
Souroe of Funds
There are three source8 from which rehabilitation funda
are made available. They are
1. State funds from regular State appropriation.
2. Federal funds allotted to the State for rehabilita-
tion purposes.
-. -
Honorable W. E. Lowry, page 2 O-6933
3. Funds paid out by the Texas School for the Deaf
for a Placement Agent who is assigned to the
Rehabilitation Division.
Custody of Funds
The State Treasurer shall be the custodian of all funds
received from the Federal Government for the joint
Opel7dion Of this program as provided in the Federal
Act, and is also the custodian of all State Funds and
'T)onated&nds' set aside for the use of the Rehabili-
tation Service.
It is not necessary that Federal Funds allocated to the
State for rehabilitation purposes be reappropriated by
the State Legislature under the Texas laws and regulations.
There are no special conditions to the use of State funds.
Allotment of such funds for specific rehabilitation pur-
poses is left to the discretion of the Director and the
State Board,'
“As
indicated on page ninety-three of the State Plan, any
monies which are donated to the Rehabilitation Division shall
be placed in the state treasury."
Article 2675-1, (Vernon's Codification of the Revised Civil
Statutes) is as follows:
"Sec. 1. The Legislature of Texas does hereby accept
the provisions and bane&$ 8 of an Act of Congress passsd
June 2, 1920, amended &&e 5, 1924, entitled: 'AN ACT to
provide for the promotion of Vocational Rehabilitation of
persons disabled in industry or otherwise, and their re-
turn to civil employment.'
"Sec. 2. The Treasurer of Texas be, and he is hereby
authorized and empowered to receive the funds appropriated
under said Act of Congress, and is authorized to make dis-
bursements therefrom upon the order of the State Board for
Vocational Xduoation. The State Board of Vocational Educa-
tion is empowered and instructed to co-operate with the
terms and conditions expressed in the ,Aotof Congress aforesaid.
"Sec. 2-a. The Vocational Rehabilitetion Division,
through the Supervisor of Rehabilitation, is authorized to
receive gifts and donations for rehabilitation work, said
gifts and donations to be deposited by the Supervisor of
Rehabilitation in the State Treasury, subject to the matching
of same with Federal Funds up to such amount as the Federal
Government may allocate per biennium to the State for said
Iionorsble?A.E. Lowry, page 3 O-6933
'::ork,erd vhich has not already been mot with state
appropriations for said biennium.
“Sec. 2-b. Frovic’edno person shull ever receive
any commission in whole or in part for solicitation
of any funds as provided in th;.sAct.”
Section 2-a, we think, controls the mswer to your inquiry.
It specifically authorizes the ‘locationalSehabilitatiofiDivision
“to receive gifts and donations for rehabilitation work, said rifts
and donations to be ?oposited by the liuperoisorof Rehabilitation in
the State Treasury, subject to the matching of sme with Federal Funds
up to such amount as the Federal Governncnt may allomte per bienniur?.
to the State for said work, and vihi~chhas not already been met with
state appropriations for said biennium.”
The authority to receive funds apprcprieted by C:ongressis
dealt with in Section 2 of the Article, aridSection 2-e, therefore,
Eecessarily contemplates other gifts and donetions from any donor
capai~leof makirg e gift or donation.
?a therefore Binsueryour question,in the affirmative -- that
is, that the State Treasureris authorized to receive such gifts and
doii&t!onsand deposit such funds in the State treasury for the pur-
poses and in the manner specified in Section 2-a.
Trusting thet what we have said sufficiently answers your in-
wiry, we are
Very truly yours
By s/Ocie Speer
Ooie Speer