# THEA-JXORNEYGENERAL OF TEXAS **AUSTIN. TXEXAS**  **787ll** JOaN I.. BILL *x-n-o- CI-Al. August 5, 1974

The Honorable James R. Arnold Administrator Opinion No. H- 366 Governor’s Office of Traffic Safety P. 0. Box 13449, Capitol Station Austin, Texas 78711 Re: Use which may be made ofthe “Drive Friendly” logo.
Dear Mr. Arnold:

You have asked several questions concerning the authority ofthe Governor’s Office of Traffic Safety to earn income from the promotional use ofthe “Drive Friendly” logo.

Your office wishes to place an inexact representation ofthe “Drive Friendly” logo onanumber ofT-Shirts, sell the shirts through a merchandising agent who would be a private individual or corporation, realize aprofit or “income” from the transaction and then use funds thus earned for other aspects ofatraffic safety program. Your questions are answered in this cont:ext.

The Governor!s Office of Traffic Safety derives its authority from the Governor who, byArticle 670lj-1, V.T. C.S., The Texas Traffic Safety Act of 1967, is “responsible for preparing and adinihistering a statewide traffic safety program designed to reduce traffic accidents and tie resulting deaths, injuries, and property damage. ” Sec. 2 (b).

The Governor is given extensive authority to design and administer aprogram of dr%ve,r education and training for Texas, including the power to provide “for coneracts bet:ween governing bodies of centrally located independent school dj,stricts or other suitable public and private agencies and the State !,oprovide for approved driver education and training programs.. .” Sec. 3(a) (3).

p. 171,3The Honorable James Arnold page 2 (H-366)

He is also given implicit power to contract with the Federal Government and with political and legal subdivisions ofthe State when this is necessary to implement atraffic safety program. Sets. 4, 5(b). Political and legal subdivisions are, in turn, authorized to contract with the State, with each other, and with private persons and may expend funds from any source of “activities incident to the performance ofany part ofthe program and may contract and pay for personal services or property to be used in the program or activities incident to the program. ” Sec. 5(b).

Apart from the planning and coordinating responsibilities given to the Governor, his most important power is his authority to allocate “such funds as may be appropriated by the Legislature in the General Appropriations Act to implement the purposes ofthis Act. ” Sec. 7 (b).

Section 6 (d) identifies the method ofallocation:

Grants in aid for governmental purposes and payments to discharge contractual obligations may be made tolegal and political subdivisions ofthe State to carry out any duties and activities which are part ofa statewide traffic safety program created, developed, and maintained under this Act. For the implementation ofthis Act, contractual payment may be made from the Traffic Safety Fund for services rendered and property furnished by prj,vat,e persons and by agencies which are not political and legal subdivisions ofthe State. We interpret Article 67Olj-1 as contemplating: (a) intergovernmental contracts; (b) contracts between the State (Governor) and private agencies if necessary for dri~ver education programs, Sec. 3(3); (c) contracts between political subdivisions and private individuals for avariety of purposes and activities incident to atraffic safety program.

We cannot find authori.ty Ior a contract between the Governor’s office and aprivate corporati.on providing for the merchandising of
“Drive Friendly’! T-shirts to the general public, to earn additional income for the State Traffic Safety Program.

p. 1714The Honorable James Arnold page 3 (H-366)

In Forth Worth Cavalry Club v. Sheppard, 83S.W. 2d660, 663 (Tex. 1935), the Supreme Court said: All public offices and officers are creatures oflaw. The powers and duties ofpublic officers aredefined and limited by law. By being defined and Iimited by law, we mean the act of apublic officer must be expressly authorized by law, or implied therefrom
. . . . It follows from the above that public officers may make only such contracts for the government they represent as they are authorized by law to make. We are unable tofind express or implied authority inArticle 67Olj-1, V.T. C.S., for a contract between the Governor and either aprivate corporation or individual for the merchandising of “Drive Friendly ” T-shirts to earn additional income for the State Traffic Safety Program. SUMMARY The Governor’s Office ofTraffic Safety does not have authority under Article 6701-j, V. T. C.S. the Texas Traffic Safety Act, to earn income by means ofacontract executed by it assigning rights to the promoti,onal use ofthe “Drive Friendly” logo toa pri,vate corporation or individual. Very truly **yours,**

JOHN L. HILL Attorney General ofTexasThe Honorable James Arnold page 4 (H-366)

DAVID M. KENDALL, Chairman Opinion Committee

p. 1716