c .-



### HE A ORNEY GENERAL OFTEXAS
GROVER SELLERS Aunv-r~ ,,.TEXAU

Honorable W. E. Lowry, Executive Offioer State Board forVooational Eduoation Austin 11, Texas DearMr. Lowry: Opinion No. O-6933 Re: hhether or not the State Treasurer of Texasmay reoeive funds donated to the VoostionalRehabilitation Divisionunder the same provisions 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 fundswhich have been donated to the Vocational Rehabilitation Divisionunder the same provisionsand considerations as anymonies appropriatedby the Legislature?" In our oral conversationthis forenoonyou advised that you were specially oonoernedonly with the handling of donations from privatepersonal or group donations, and not the handling of Federal funds appropriatedby the Congress.

You say inyour letter that "The State of Texas has prepared and sulmittedto the Federal SecurityAgenoy a State Plan and the following is an extraot from page ninety-three of the State Plan which was accepted and approvedby the Federal SeourityAgenoy:

"SE:CTIONVIII -- FISCAL PROVISIONS Souroe of Funds There are three source8 fromwhich rehabilitation funda are made available. They are 1. State funds from regular State appropriation. 2. Federal funds allotted to the State for rehabilitation purposes.-. -

HonorableW. E. Lowry, page 2 O-6933

3. Funds paid out by the Texas School for the Deaf for a PlacementAgent who is assigned to the RehabilitationDivision. Custodyof Funds The State Treasurer shall be the custodianof all funds received from the FederalGovernment for the joint Opel7dion Of this program as provided in the Federal Act, and is also the custodianof all State Funds and 'T)onated

&nds' set aside for the use of the Rehabilitation Service. It is not necessary that Federal Funds allocated to the State for rehabilitationpurposes be reappropriatedby the State Legislatureunder the Texas laws and regulations. There are no special conditionsto the use of State funds. Allotment of such funds for specific rehabilitationpurposes 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 RehabilitationDivision shall be placed in the state treasury." Article 2675-1, (Vernon's Codificationof 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 Congresspasssd June 2, 1920, amended &&e 5, 1924, entitled: 'ANACT to provide for the promotionof Vocational Rehabilitation of persons disabled in industry or otherwise,and their return to civil employment.' "Sec. 2. The Treasurer of Texas be, and he is hereby authorized and empowered to receive the funds appropriated under saidAct of Congress,and is authorized to make disbursements therefromupon the order of the State Board for Vocational Xduoation. The State Board of Vocational Education is empowered and instructedto co-operatewith the terms and conditionsexpressed in the ,Aotof Congress aforesaid. "Sec. 2-a. TheVocational RehabilitetionDivision, through the Supervisor of Rehabilitation, is authorized to receive gifts and donations for rehabilitationwork, said gifts and donations to be depositedby the Supervisor of Rehabilitation in the State Treasury, subject to the matching of samewith Federal Funds up to such amount as the Federal Governmentmay allocateper biennium to the State for saidIionorsble ?A.E. Lowry, page 3 O-6933

'::ork,erd vhich has not already been mot with state appropriationsfor said biennium. “Sec. 2-b. Frovic’ed no person shull ever receive any commission in whole or in part for solicitation of any funds as provided in th;.s Act.” Section 2-a,we think, controls the mswer to your inquiry. It specificallyauthorizes the ‘locational Sehabilitatiofi

Division “to receive gifts and donations for rehabilitationwork, said rifts and donations to be ?opositedby the liuperoisor of Rehabilitation in the State Treasury, subject to the matching of sme with Federal Funds up to such amount as the Federal Governncntmay allomte per bienniur?. to the State for saidwork, and vihi~ch has not already beenmet with state appropriationsfor said biennium.”

The authority to receive funds apprcprietedby C:ongress is dealt with in Section 2 of the Article, aridSection 2-e, therefore, Eecessarily contemplatesother gifts and donetions from any donor capai~le

of makirg e gift or donation. ?a therefore Binsuer your question,in the affirmative -- that is, that the State Treasureris authorized to receive such gifts and doii&t!ons

and deposit such funds in the State treasury for the purposes and in themanner specified in Section 2-a.

Trusting thet what we have said sufficientlyanswers your inwiry, we are Very trulyyours

By s/Ocie Speer Ooie Speer