’

Honorable Dan S. Petty, Director

Division of Planning Co-ordination Executive Department Austin, Texas 

### 78711 OpinionNo. M-519

Dear Mr. Petty: Re: Eligibility of a Council of Governments to receive federal grants for water qualityresearch and developmentprojects.
In your recent letter you have advised this that: ."TheFederal Water PollutionControl

administration of the U. S. Department of the Interior Is authorizedunder P.L. 84-660, as amended, tomake re-

. office

search and developmentgrants to Intergovernmental agencies for water quality abatementprograms. The FWPCA has accordlngly asked whether Councils of Government In Texas can receive these grants under Article lOllm, as smended."
In the same letteryou 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 developmentprojects. 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 (SenateBill No. 

### 547),is eligible under the laws of Texas to receive federal grants for water quality research and developmentprojects.
A Council of Governmentsmay be constitutedunder 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 originallyenacted as Chapter 570, Acts of the 59th Legislature,Regular Session, lye>. section 1, Subdivision C, of that statute defines "Commission" tomean "a Regional PlanningCommission created under this Act." The caption and text of the Act refer only to Regional Planning Commissions. Article 1Ollm was amendedby Chapter 413, Acts of the 61st Legislature, Regular Session, 1965 (SenateBill No. 547). The caption of thisAct does not mention Council of Governments, but does provide for redefining "Commission",and while the text of the statutegenerally 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 createdunder this Act." (Emphasissupplied),
We are therefore of the opinion that the Legislative intent is to provide that a Council of Governmentsmay be constitutedunder the Act and that when so constituted it has all the attributes and powersprovided 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

"Thepurpose of this Act is to encourage and permit localunits of government to join and cooperatewith one another to Improve the health, safetyand general welfare of their citizens;...... that residential areas provide healthy surroundingsfor family life;......" '(emphasissupplied). Section 4 of that article provides that

"Under thisAct a Regional Planning Commission shallbe a political subdivisionof the State, the general purpose of which iS tomake studiesand plans,...... The Commission may make plans for the development of the area whichmay include recommendations on...... sanitary facilities...... and other itemsrelating to the effectuation of the generalpurpose." (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 itspurposes 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 developmentproject clearly fallingwithin the stated purpose of theAct, a Council of Gcvernments may receive federal grants for such a project, such grant to be expended by the Councilwithin the limitationof thepowers provided for the Councilunder 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 federalgrants for water quallty research and developments projects. ,,I/ Very truly yours,

Preparedby James S. Swearingen AssistantAttorney 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

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