’ 

Honorable Dan S. Petty, Director 

Division of Planning Co-ordination 

Executive Department 

Austin, Texas 78711 

Opinion No. M-519 

Dear Mr. Petty: 

Re : Eligibility of a Council 

of Governments to receive 

federal grants for water 

quality research and development projects. 

In your recent letter you have advised this 

that: 

."The Federal Water Pollution Control 

administration of the U. S. Department 

of the Interior Is authorized under 

P.L. 84-660, as amended, to make re- . 

office 

search and development grants to Intergovernmental agencies for water quality 

abatement programs. The FWPCA has accordlngly asked whether Councils of 

Government In Texas can receive these 

grants under Article lOllm, as smended." 

In the same letter you have requested an Attorney 

General's opinion on the eligibility of a Council of 

Governments to receive such federal grants for water 

quality research and development projects. 

In our opinion a Council of Governments constituted 

under the authority of Article lOllm, V.C.S., as last 

amended by Section 1, Chapter 413, Acts of the 61st Legislature, Regular Session, 1969 (Senate Bill No. 547), is 

eligible under the laws of Texas to receive federal grants 

for water quality research and development projects. 

A Council of Governments may be constituted under the 

authority of Article lOllm, as amended, and derives its 

powers under the provisions of that statute. 

-2472- 
Hon. Dan S. Petty, page 2 (M-518) 

Article 1Ollm was originally enacted as Chapter 570, 

Acts of the 59th Legislature, Regular Session, lye>. section 1, Subdivision C, of that statute defines "Commission" 

to mean "a Regional Planning Commission created under this 

Act." The caption and text of the Act refer only to Regional 

Planning Commissions. 

Article 1Ollm was amended by Chapter 413, Acts of the 

61st Legislature, Regular Session, 1965 (Senate Bill No. 547). 

The caption of this Act does not mention Council of Governments, but does provide for redefining "Commission", and 

while the text of the statute generally Is in terms of "Regional Planning Commission" or "the Commisslon," yet Section 1, 

Subdivision C, defines "Commission" to mean "a Regional Planning Commission, Council of Governments or similar regional 

planning agency created under this Act." (Emphasis supplied), 

We are therefore of the opinion that the Legislative intent is to provide that a Council of Governments may be constituted under the Act and that when so constituted it has 

all the attributes and powers provided by the statute for a 

Regional Planning Commission, or a "Commission." We are of 

the further opinion that the caption and the text of the bill 

are adequate in this respect. 

Section 2 of Article lOllm, as amended, provides that 

"The purpose of this Act is to encourage 

and permit local units of government to join 

and cooperate with one another to Improve the 

health, safety and general welfare of their 

citizens;...... that residential areas provide 

healthy surroundings for family life;......" 

'(emphasis supplied). 

Section 4 of that article provides that 

"Under this Act a Regional Planning Commission shall be a political subdivision of 

the State, the general purpose of which iS 

to make studies and plans,...... The Commission may make plans for the development 

of the area which may include recommendations on...... sanitary facilities...... 

and other items relating to the effectuation 

of the general purpose." (Emphasis supplied). 

-2473- 
Hon. Dan S. Petty, page 3 (M-5i8) 

Section 6, ~Subsection (a) of Article lOllm, as amended, 

provides that 

"A Regional Planning Commission Is 

authorized to apply for, contract for, 

receive and expend for its purposes any 

funds or grants from any participating 

governmental unit or from the State of 

Texas, federal government; or any other 

source.k (Emphasis supplied). 

A Council of Governments, being authorized under Article lOllm, as amended, to receive federal grants, and a 

water quality research and development project clearly falling within the stated purpose of the Act, a Council of Gcvernments may receive federal grants for such a project, such 

grant to be expended by the Council within the limitation of 

the powers provided for the Council under Article lOllm, as 

amended. 

This opinion is directed only to Texas statutes, and 

does not purport to evaluate the inquiry in terms of the provisions of the federal statute. 

------- SUMMARY 

A Council of Governments organized under 

the authority of Article lOllm, V.C.S., as 

amended, may receive federal grants for 

water quallty research and developments 

projects. 

,,I/ 

Very truly yours, 

Prepared by James S. Swearingen 

Assistant Attorney General 

General of Texas 

-2474- 
Hon. Dan S. Petty, page 4 (M-518) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

George Kelton, Vice-Chairman 

Ed Esquivel 

Bill Craig 

Llnward Shivers 

Richard Chote 

MEADE F. GRIFFIN 

Staff Legal Assistant 

NOLA WHITE 

First Assistant 

-2475-