The Attorney General of Texas 

December 23, 1982 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Ausfin. TX. 76711- 2546 

5121475-2501 

Telex 9101674-1367 

Telecppiar 5121475-0266 

1607 Main St., Suite 1400 

Dallas, TX. 75201-4709 

2141742.6944 

4624 Alberta Ave.. Suite 160 

El Paso, TX. 799052793 

9151533.3464 

1220 Dallas Ave., Suite 202 

~auston, TX. 77002.6966 

7131650-0666 

606 Broadway, Suite 312 

Lubbock, TX. 79401.3479 

6061747-5236 

4309 N. Tenth, Suite 6 

McAllen. TX. 76501-1665 

5121662.4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 76205-2797 

5121225.4191 

An Equal Opportunity/ 

Affirmative Action Employer 

Mr. James B. Bond, General Counsel 

Texas A and M University System 

319 System Building 

College Station, Texas 77843 

Opinion No. ~~-532 

Be: Whether the Texas Forest 

Service may grant state funds 

to private landowners for 

reforestation of idle lands 

Dear Mr. Bond: 

You have requested our opinion as to whether the Texas Forest 

Service may grant state funds to private landowners for reforestation 

of idle lands. 

The Texas Forest Service is an agency of the Texas A and M 

University System, under the general supervision of the board of 

regents. gduc. code SACS. 88.001, 88.102. The board appoints a state 

forester, who serves as the director of the Forest Service. Educ . 

Code sec. 88.101. The general duties and authority of the Forest 

Service in general, and the state forester in particular, are 

described in subchapter B of section 88 of the Texas Education Code. 

None of these statutes makes any reference to the grant of state funds 

to private landowners for reforestation of idle lands or for any other 

purpose. 

In Attorney General Opinion H-1272 (1978), this office said that 

the Department of Labor and Standards lacked statutory authority to 

fund a Mobile Home Information Center to be operated by a private 

nonprofit corporation. Noting the well established rule that an 

administrative agency has only those powers expressly granted to it by 

statute or necessarily implied therefrom, Stauffer v. City of San 

Antonio, 344 S.W.2d 158 (Tex. 1961), Attorney General Opinions H-897 

(1976). M-1131 (1972). the opinion observed that prior opinions which 

had approved grants by state agencies to other public and private 

entities had relied on express statutory authority. - See Attorney 

General Opinions H-140 (1973); C-673 (1966). 

In our opinion, the Forest Service similarly lacks authority, 

either express or implied, to grant state funds to private landowners. 

Even if appropriate legislation were enacted, however, such a grant 

would raise substantial questions under article III, section 51 and 

p. 1923 
Mr. James B. Bond - Page 2 (MW-532) 

article XVI, section 6 of the Texas Constitution, which provide, in 

pertinent part: 

Article 3, section 51. The Legislature shall 

have no power to make any grant or authorize the 

making of any grant of public moneys to any 

individual, association of individuals, municipal 

or other corporations whatsoever.... 

Article 16, section 6. (a) No appropriation 

for private or individual purposes shall be made, 

unless authorized by this Constitution.... 

No proposed legislation has been presented to us, and we cannot 

speculate as to particular statutory language, if any, which might 

avoid those constitutional prohibitions. In certain instances, 

however, both the courts and this office have approved statutes which 

authorized grants of public funds to private individuals, so long as 

the expenditure was made "for the direct accomplishment of a 

legitimate public purpose." Barrington v. Cokinos, 338 S.W.2d 133, 

140 (Tex. 1960). See also State v. City of Austin, 331 S.W.2d 737 

(Tex. 1960); Davis v. City of Lubbock, 326 S.W.2d 699 (Tex. 1959); 

Harris County v. Dowlearn, 489 S.W.2d 140 (Tex. Civ. App. - Houston 

1972, writ ref'd n.r.e.); Letter Advisory No. 107 (1975). 

SUMMARY 

The Texas Forest Service, an agency of the 

Texas A and M University System, lacks statutory 

authority to grant state funds to private 

landowners for reforestation projects. Whether 

legislation granting such authority would be 

consistent with article III, section 51 and 

article XVI, section 6 of the Texas Constitution 

would depend on whether the grant of state funds 

would accomplish a legitimate public purpose. 

-MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

p. 1924 
. . 

Mr. James B. Bond - Page 3 (MW-532) 

Prepared b$ Rick Gilpin 

Assistant Attorney General 

APPROVRD: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Roxanne Caperton 

Rick Gilpin 

Patricia Hinojosa 

Jim Moellinger 

Bruce Youngblood 

p. 1925