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 

of the “Drive Friendly” logo. 

Dear Mr. Arnold: 

You have asked several questions concerning the authority of the 

Governor’s Office of Traffic Safety to earn income from the promotional 

use of the “Drive Friendly” logo. 

Your office wishes to place an inexact representation of the “Drive 

Friendly” logo on a number of T-Shirts, sell the shirts through a 

merchandising agent who would be a private individual or corporation, 

realize a profit or “income” from the transaction and then use funds thus 

earned for other aspects of a traffic safety program. Your questions are 

answered in this cont:ext. 

The Governor!s Office of Traffic Safety derives its authority from 

the Governor who, by Article 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 

a program 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 !,o provide for approved driver education and training programs.. . ” 

Sec. 3(a) (3). 

p. 171,3 
The 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 of the State when this is 

necessary to implement a traffic 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 of any part of the 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 of this Act. ” Sec. 7 (b). 

Section 6 (d) identifies the method of allocation: 

Grants in aid for governmental purposes and 

payments to discharge contractual obligations may 

be made to legal and political subdivisions of the 

State to carry out any duties and activities which 

are part of a statewide traffic safety program 

created, developed, and maintained under this Act. 

For the implementation of this 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 of the 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 a variety of 

purposes and activities incident to a traffic safety program. 

We cannot find authori.ty Ior a contract between the Governor’s 

office and a private 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. 1714 
The Honorable James Arnold page 3 (H-366) 

In Forth Worth Cavalry Club v. Sheppard, 83 S. W. 2d 660, 663 

(Tex. 1935), the Supreme Court said: 

All public offices and officers are creatures of law. 

The powers and duties of public officers aredefined and 

limited by law. By being defined and Iimited by law, 

we mean the act of a public 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 to find express or implied authority in Article 

67Olj-1, V. T. C. S., for a contract between the Governor and either 

a private 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 of Traffic Safety does 

not have authority under Article 6701-j, V. T. C. S. 

the Texas Traffic Safety Act, to earn income by 

means of a contract executed by it assigning rights 

to the promoti,onal use of the “Drive Friendly” logo 

to a pri,vate corporation or individual. 

Very truly yours, 

JOHN L. HILL 

Attorney General of Texas 
The Honorable James Arnold page 4 (H-366) 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1716