Untitled Texas Attorney General Opinion

OFFICE OF THE ARORNEY GENERAL OF TEXAS AUSTIN OSmAw c MANN A- .alaUab Stat. Codsrlon for tb Blind state orrio ~ulldlng Austin, Texan Dear &a&n: Attention: ttcr 0r cctober 3, 1939, lnformitlon, The hu ecilary of h supar- cltles in Terms for a Lighthouse. These We desire to mow 1I the Comlsclon tor the Blind may dot 1s an agent for mrketlag articles aada at the verlous Llghth-luses in our exhibit br;oth at the iirazos Vailry ?alr. The articlea C0lrS15l8& to us for sale are owned by the lndlvl4uala amking such mtlcles sd the county assoola- tiona for the blind. The State Conmission dt;rLa Comlsslon tar thr Blind, Page 2 be no equity or ownership or any kind in the articles. The Coamlaslon darlree, If it any, td assist the blind in dlspos- lng ot their products end enC?OIirdgingthe sale or such products In the StaLe. “If permlttod to meke these sales, the Comlsslon will turn the proceed8 Irma such sales over to the respeotlro county nrsooletloae, who will in turn distribute the funds according to owuership. Sinoe the Cormlsslon will have no Interest or control over these funds, will it be neces- aary rot us to aeke any report to the State kudltor, Treueurer, or Comptroller, of the funds received f’or such se,le~?~ The answer to your question, we believe, is found In Article 32C7a, Vernon*s hevlsed Civil Statutes or Texas, as amnded, 1931, a pert of which Is quoted below: “Sac. e. The State Comalsslon for the Blind shall rmintain a Bureau or In- forjration, the object or whloh shall be to aid tho blind whose training 1s not other- wise provided for, In finding employxm, In devrloping hone industries aaong the blind, and in ;P4rketlng their pro$uats. The Commlsslon ehall In its discretion furnish mteriels, tools and books for the uso as a atarm in rehabilitating such per- sons, end it may establish WOrkihODS eiid aaleerooms, and shall have authorltg to use any receipta or earnings that ecurue frown the operation of Industrial schools, salesrooaui or workshops as provided In this Chapter, but det&led btateaent or receipts or earnings and er~nditures shall be mde monthly to the Atiitor of the State.” (Underscoring ours .) The langu;?ge of the 8tatutes is very clear t&t the ComIsslon mxy aid in nurketing the products mde by the blind and your glan or selling theee articles in oonneotlon with your exhibit .it the Brezos Vulley Pair is within the scope or the authority granted you by this stdtutr. Bovm9er, 9.13axmwer to tit&e Comlsslon for the Blind, Page 3 your second question, even though the Coamlsslon will have no interest or control over tlm iund8, the 8t.tutr it very oleer In requiring that a detelled stetcinent of reoelpts or earnings end erpndlturrs rhould be made to the mlltor of the titete of any suoh rmtter in whl.oh the Blind Comlsslon is partlclpetlng. Very truly your8 MTOBNEYCZWFii~LOF ‘JXXAS BY (Signed j Rrederlk B Iselg Asslstent FBI : i?S tiEzcOVzD: Ootober 13, 1939 Robert E. Kepice (Slgaed) ACTING A T%iNEY GaZii~i 72 TEXAS HPPBLVKD Oi’IBION CO’4dI;‘TEZ BY B.:,.B. C&I?-