Mr. Joe G. Moore, Jr. 

Executive Director 

Texas Water Development Board 

Sam Houston State Office Building 

Austin, Texas 

OPINION NO. c-571 

Re: Tuition expense of 

employees of the Texas 

Water Development Board 

to attend an eight day course 

in earth control and investigation held 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 employees has a degree in Geology and each, 

in his present employment with the Texas Water Development 

Board, is charged with the responsibility of 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 

($150.00 per man) from your appropriation for "Water Studies 

and Investigations" which are designated in the appropriations 

bill to be used for "ground water, surface water, and chemical 

quality investigations; . . . and shall include statistical 

compilations in cooperation with other government agencies . ..'I 

However, you are informed that the Comptroller of Public 

Accounts will not approve the tuition expense without an Attorney General's Opinion aut.hori.zing payment. 

The appropriation to your department, contained in Article 

III, House Bill 12, Acts of the 59th Legislature, authorizes 

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Mr. Joe G. Moore, Jr., Page 2 (C-571) 

such expenditure unless it violates Section 51 of Article 

III, of the Constitution of Texas, which reads as follows: 

"The Legislature shall have no power to make 

any grant of public moneys to any individual, 

association of individuals, municipal or other 

corporations whatsoever; . . . .' 

The most recent expression of this office on this matter 

was contained in Attorney General's Opinion WW-505 (1958), 

approving a request of the General Land Office to pay the 

registration fees for the Chief Appraiser to attend the Southwest Appraisal Conference. Through the years many other opinions of this office authorizing expenditures for travel expense, 

registration and tuition fees have been issued, including, but 

by no means limited to ww-83 (1957) and WW-433 (1958). 

In all such expressions the opinion was that Section 51 

of Article III, of the Texas Constitution, prohibits the Legislature from granting or appropriating public money to an individual, but it does not prevent the Legislature from making 

available such funds to an individual if the use and purposes 

of such expenditure is for the furtherance of the governmental 

duties of the State, and that the expenditure of such funds for 

personnel to attend schools, clinics and conferences for training purposes is directly and substantially related to the 

performance of the State's governmental functions. 

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

"In reviewing past Attorney General's Opinions 

on the same question of training of governmental 

personnel, it is noted that the following rules 

have been consistently applied to determine whether 

the training was such that the State could pay for 

it. The question asked is whether the training described will be directly and substantially used to 

facilitate the governmental duties and functions of 

the State agency requesting such training. Also, do 

the facts establish that there is a reasonable, substantial and direct relationship between the purpose 

of the training and the accomplishment of the governmental functions entrusted to the employee? (Attorney 

General's Opinion No. ww-83, April 1, 1957, Insurance 

Commission employee training at I.B.M. school, 2-week 

course; Attorney General's Opinion No. WW-223, September 

12, 1957, Department of Public Safety employee pilot 

training in flight proficiency training program; 

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Mr. Joe G. Moore, Jr., Page 8, (C-571) 

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 

Northwestern University, 4 l/2 month 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 employees will be directly and 

substantially used to facilitate the administration of 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 

restricted by Section 18, Article V, House Bill 12, Acts of 

the 59th Legislature (Appropriations Bill); which provides: 

"Restriction on 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 

organization unless the membership is in the name 

off the,State~ of Texas." 

The above quoted provision of the Appropriations Bill 

would prohibit expenditure of such funds for such purposes 

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 conducted by the Bureau of Reclamation was a 

of organization" 

"type 

and the registrations must 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 

-2?62- 
- - 

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

by the Bureau of Reclamation be made in the name of the State 

of Texas. However, there is no reason why 'the registrations 

could not be made in the name of the State of Texas. 

SUMMARY 

The Texas Water Development Board may pay 

from appropriated funds the tuition fees 

of two employees to attend an eight day 

course in Earth Control and Investigation 

conducted by 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 so made. 

Very truly yours, 

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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