.
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Mdr.~Rail H. Logan, Acting Director
Pos tvrar Zconomic Flannlng Commission
Austin 1.1, Texas
Dear Mr. Logan: Oplnlon No. O-6769
Re: The Legislature has not author-
We have given
of August 2, 1945.
ization and
render us an
of these fu
would be c
of ,the Sta
The Postwar Eco-
s been designated. by
the Federal Act, as
rove such applications.
ar Eoonomic Planning Co&nlssion, authorized
Resolution No. 33, passed by the Legisla-
authorized the Governor to appoint thirty-
mbe& -of said Commission; said Resolution does
not, however, authorize or psrmit said Commission to accept
any funds from thg Federal Government; neither does it author-
ize said Commission. to in any way bind the state of Texas in
any kind of a contract,
Mr. Hall B. Logan, Page 2
.
.
Section 9 of the general provisions to the Appro-
priation Act passed in 1945 is the same as Section 20 of the
1943 Appropriation Act. It reads as follower
v(9) United States Funds and Aid. The ‘piop-
er officer or officers of any State Departments,
bureaus, or divisions of State agencies are hereby
authorized to make application for and accept any i
gifts, grants, ox allotments or funds from the
United States Government, educational or health
projects and program, etc., to be used on State
coope.rative and other Fedora1 projects and pro-
grams in Texas, inoluding construction of publia
buildings, repairs, and inprovemnts. Any of such
funds as may be deposited in the State Treasury am
hereby appropriated to~.tha specific purpose author-
ized by the grantor, and subject to the lirni.+;at$on
plaoed on this A&.“’
There are no other provisions in our statutes that
oould in any way affect the quostioti you have asked. Congress,~
of couxse, cannot pass any kinaof axi act that would author-
ize any agencies in Texas or elsowhare to nako, contracts that
would bind Texas~. It is fundamntal law that no ono oan make
a’ contract binding the State, unioss the Loglslatura has &Ivan
that tierson or agonoy spoclfio authority. :
It is our opinion that neither the Postwar Eoonomio
Planning Commission nor any other Stata agency has any power
or authority to accept fu11d.s frora the Fedora1 Governmnt un-
dsr “tha War Mobilization and Reoonverslon Act of 1944” and
bind the Stats to repsy same. Asstated, by you, Section 501(o)
of said Act reads:
Wdvances under this section to any public .~
agency shall be repaid by such agonoy if end when
the construction Of tho public worka so planned
Is undertaken. Any sum so repaid shall be OOverod
into tbs Treasury as misoellaneous receipts.“.
Under the quoted section of the Aot of Gongross any
pub110 agency which contracted viit.h the Federal Government,
and aqxptod any funds under and in virtue of the Act, would
be compelled to make a contract with tho lz’ederal Government
.
‘.
Mr. Hall H. Logan, Page 3
.
9'
that sag money 80 advanoed would be repaid to ths stats of
Texas .?$f and when the construction of the public works so
planned is undertaken. tr
Very truly yours
ATCIDRI'EY
GiSNERAL
OF TEXAS
Geo. W. Ewcug
Assistant