c .- 

HE A ORNEY GENERAL 

OFTEXAS 

GROVER SELLERS Aunv-r~ ,,.TEXAU 

Honorable W. E. Lowry, Executive Offioer 

State Board for Vooational Eduoation 

Austin 11, Texas 

Dear Mr. Lowry: Opinion No. O-6933 

Re: hhether or not the State 

Treasurer of Texas may reoeive funds donated to the 

Voostional Rehabilitation 

Division under 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 

funds which have been donated to the Vocational Rehabilitation Division under the same provisions and considerations 

as any monies appropriated by the Legislature?" 

In our oral conversation this forenoon you advised that you 

were specially oonoerned only with the handling of donations from 

private personal or group donations, and not the handling of Federal 

funds appropriated by the Congress. 

You say in your letter that "The State of Texas has prepared 

and sulmitted to the Federal Security Agenoy a State Plan and the 

following is an extraot from page ninety-three of the State Plan which 

was accepted and approved by the Federal Seourity Agenoy: 

"SE:CTION VIII -- FISCAL PROVISIONS 

Souroe of Funds 

There are three source8 from which rehabilitation funda 

are made available. They are 

1. State funds from regular State appropriation. 

2. Federal funds allotted to the State for rehabilitation purposes. 
-. - 

Honorable W. E. Lowry, page 2 O-6933 

3. Funds paid out by the Texas School for the Deaf 

for a Placement Agent who is assigned to the 

Rehabilitation Division. 

Custody of Funds 

The State Treasurer shall be the custodian of all funds 

received from the Federal Government for the joint 

Opel7dion Of this program as provided in the Federal 

Act, and is also the custodian of 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 rehabilitation purposes be reappropriated by 

the State Legislature under the Texas laws and regulations. 

There are no special conditions to the use of State funds. 

Allotment of such funds for specific rehabilitation purposes 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 Rehabilitation Division shall 

be placed in the state treasury." 

Article 2675-1, (Vernon's Codification of 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 Congress passsd 

June 2, 1920, amended &&e 5, 1924, entitled: 'AN ACT to 

provide for the promotion of 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 said Act of Congress, and is authorized to make disbursements therefrom upon the order of the State Board for 

Vocational Xduoation. The State Board of Vocational Education is empowered and instructed to co-operate with the 

terms and conditions expressed in the ,Aot of Congress aforesaid. 

"Sec. 2-a. The Vocational Rehabilitetion Division, 

through the Supervisor of Rehabilitation, is authorized to 

receive gifts and donations for rehabilitation work, said 

gifts and donations to be deposited by the Supervisor of 

Rehabilitation in the State Treasury, subject to the matching 

of same with Federal Funds up to such amount as the Federal 

Government may allocate per biennium to the State for said 
Iionorsble ?A. E. Lowry, page 3 O-6933 

'::ork, erd vhich has not already been mot with state 

appropriations for 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 specifically authorizes the ‘locational Sehabilitatiofi Division 

“to receive gifts and donations for rehabilitation work, said rifts 

and donations to be ?oposited by the liuperoisor of Rehabilitation in 

the State Treasury, subject to the matching of sme with Federal Funds 

up to such amount as the Federal Governncnt may allomte per bienniur?. 

to the State for said work, and vihi~ch has not already been met with 

state appropriations for said biennium.” 

The authority to receive funds apprcprieted by C:ongress is 

dealt with in Section 2 of the Article, arid Section 2-e, therefore, 

Eecessarily contemplates other 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 the manner specified in Section 2-a. 

Trusting thet what we have said sufficiently answers your inwiry, we are 

Very truly yours 

By s/Ocie Speer 

Ooie Speer