Mr. Joe G. Moore, Jr.

Executive Director Texas Water Development Board Sam Houston State Office Building Austin, Texas OPINIONNO. c-571

Re: Tuition expense of employees of the Texas Water Development Board to attend an eight day course in earth control and investigationheld by the Bureau of Reclamation, Denver LaboDear Mr. Moore; ratories.

You request our opinion as to whether the Texas Water Development Board may pay the tuition of two employees to attend an eight day course in Earth Control and Investigation conducted at the Bureau of Reclamation,Denver Laboratories; said course includes training in soil classification, logging, and soils engineering investigations. You further advised that each of said employeeshas a degree in Geology and each, in his present employmentwith theTexas Water Development Board, is charged with the responsibilityof investigating foundation geology of dams and reservo,irs and you state that even though they are trained and experienced in the field, the relative uniqueness of this occupation requires continuous education in new processes, conditions, and operations.

You propose to make the $300.00 tuition expenditure ($150.00per man) fromyour appropriation for "Water Studies and Investigations"which are designated in the appropriations bill to be used for "groundwater, surfacewater, and chemical quality investigations;

... and shall include statistical compilations in cooperationwith other government agencies

...'I However, you are informed that the Comptroller of Public Accounts will not approve the tuition expensewithout an Attorney General's Opinion aut.hori.zing payment.
The appropriation to your department, contained inArticle III, House Bill 12,Acts of the 59th Legislature, authorizes

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such expenditureunless it violates Section 51 ofArticle III, of the Constitution of Texas, which reads as follows:
"TheLegislature shallhave no power to make any grant of publicmoneys to any individual, association of individuals,municipal or other corporationswhatsoever;

... .'
The most recent expression of this office on thismatter was contained inAttorney General'sOpinionWW-505 (1958), approving a request of the General Land Office to pay the registration fees for the ChiefAppraiser to attend the Southwest Appraisal Conference. Through the years many other opinions of this office authorizing expenditures for travel expense, registrationand tuition fees have been issued, including,but by no means limited toww-83 (1957) andWW-433 (1958).

In all such expressionsthe opinionwas that Section 51 of Article III, of theTexas Constitution,prohibits the Legislature from granting or appropriatingpublicmoney to an individual,but it does not prevent the Legislature frommaking available such funds to an individual if the use and purposes of such expenditure is for the furtheranceof the governmental duties of the State, and that the expenditureof such funds for personnel to attend schools, clinics and conferences for training purposes is directly and substantiallyrelated to the performance of the State's governmental functions.

As stated in Attorney General's OpinionWW-433 (1958):

"In reviewingpastAttorney General's Opinions on the same question of training of governmental personnel, it is noted that the following rules have been consistentlyapplied to determinewhether the trainingwas such that the State could pay for it. The question asked is whether the training describedwill be directly and substantiallyused to facilitatethe governmental duties and functions of the State agency requesting such training. Also, do the facts establish that there is a reasonable, substantialand direct relationshipbetween the purpose of the training and the accomplishmentof the governmental functions entrusted to the employee? (Attorney General'sOpinion No. ww-83, April 1, 1957, Insurance Commission employee training at I.B.M. school, 2-week course;Attorney General'sOpinion No. WW-223, September 12, 1957,Department of Public Safety employeepilot training in flight proficiency trainingprogram;

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Attorney General's Opinion No. S-209, July 20, 1956, Secretary of State employee training at I.B.M. school,b-day course;A~ttorney General's Opinion No. ~-2128, Department of Public Safety employee training in Police Administration at NorthwesternUniversity, 4 l/2month course)."

In applying the above rules to the fact situation that you have presented, it is the opinion of this office that the training to be provided such employeeswill be directly and substantiallyused to facilitate the administrationof the governmental duties of the Texas Water Development Board and the expenditure of such funds is not prohibited under Section 51 of Article III of the Texas Constitution.
The remaining question is whether the appropriation is restrictedby Section 18,Article V, House Bill 12,Acts of the 59th Legislature (AppropriationsBill); which provides:
"Restrictionon Registration Fees. None of the monies appropriated in this Act may be expended for dues, registration fees or any'kina of similar expense incurred in joining or attending any type of organizationunless the membership is in the name offthe,State~

of Texas."
The above quoted provision of theAppropriations Bill would prohibit expenditure of such funds for suchpurposes only if the provision, in this situation, did in fact require registration in the name of the State of Texas and this were not complied with. It could be argued that the course of instruction conductedby the Bureau of Reclamationwas a of organization" "type

and the registrationsmust be in the name of the State of Texas if the tuition is to be paid from such appropriated funds. However, in this particular instance, inasmuch as the Bureau of Reclamation is an agency of the United States the term "organization"would not be applicable. In holding that the word "organization"did not apply to the United States, the New Hampshire Supreme Court in the case of Farm Mutual Auto Ins. Co. v.Manson, 54 A.2d 5c30,583; 94 N.H. 39; stated: "Certainly ~organization'is not commonly employed in speaking of the United States." Therefore, it is the opinion of this office that such Section 18, of Article V, of House Bill 12,Acts of the 59th Legislature, does not require, as a prerequisite to expenditure of appropriated funds, that registration at courses conducted

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Mr. Joe G. Moore, Jr., page 4 (C-571)

by the Bureau of Reclamationbe made in the name of the State of Texas. However, there is no reasonwhy 'theregistrations couldnot be made in the name of the State of Texas.

SUMMARY
The Texas Water DevelopmentBoard may pay from appropriated funds the tuition fees of two employees to attend an eight day course in Earth Control and Investigation conductedby the Bureau of Reclamation, Denver Laboratories and the registration need not be made in the name of~the State of Texas, although it may be somade.
Very trulyyours,
WAGGONER CARR Attorney General of Texas

HGK:ab

APPROVED:
OPINION COMMITTEE

W. V. Geppert, Chairman John Reeves Pat Bailey Robert Flowers Linward Shivers

APPROVED FOR THE ATTORNEY GENERAL By: T. B. Wright

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