Eouorable RoyBlake Chairman Administration Committee Texas State Senate P. 0. Box 12068 Austin, Texas 78711 Opinion No.SM-684

Re: Authority of the State Preservation Board to solicit and accept gifts, moneyanditems of value

Dear Senator Blake: Pouaskwhether the State Preservation Boardhas the auchoricy to solicit and accept gifts. money. and items of value from private donors for the purpose of assisting in the restoration of the State Capitol. Weconclude that the board has such authority.
In 1983. the leg&slature established the State Preservation Board to “preserve, maintain, andrestore” the State Capitol. its contents, and its grounds. V.T.C.S. art. 6145-14 [hereinafter the act]. 61. Theboard is empoweredby ssccion 4of the act to employ anarchitect, whois in turn empoweredby section 6.to employ a curator. Section 6 of the act sets forth the duties of the architect andthe curator and provides in part:

(a) Thearchitect of the Capitol shall:

. . . . (2) develop for approval by the board amaster plan with a projection of at least 20 years concerning the maintenance, preservation, restoration, and modification of the buildings. their contents, and their grounds, including a plan to restore the buildings to their original architecture;

. . . . (5) develop aprogram to purchase or accept by donation. permanent loan, or outside funding items necessary to implement the master plan;

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. . . . (8) employ a curator of the Capitol whoshall assist in matters dealing with the preservation of historic materials andwhomustbe apersou with a minimum of ‘a master’s degree and four years’ experience in historic collections administration vich a specialization in the material culture of this state. (b) Thecurator of the Capitol shall:

. . . . (2) develop aprogram to purchase ot accept by donation, permanent loan, or outside funding items of historical significance that were at one time in chabuildings.

. . . (Emphasis added). Section 8 of chs act confers authority ou the board to develop programs to solicit gifts andmoneyand sets forth the following:

Sec. 8. (a) Theboard shall develop plans and programs to solicit gifts, money. and items of iralue

. (b) The board maysolicit gifts and money or items of value frpm private persons, foundations. or organizations. (c) All property provided by private persons, foundations, or organisations and all money donated to the board become the property of the state andare under the controi of the board. (d) This section does not apply to temporary exhibits or property of a person having an office in the Capitol. (e) Theboard shall use gifts of moneymadeto the board for the purpose specified by the grantor, if auy. The act clearly empowers the board to solicit gifts: your question arises because the act fails to stde explicitly that the board may accept gifts. In order chat a state agency mayaccept agift, ic first mustbe authorized by law co do so; absent such authority. it maynot accept

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gifts or donations. Attorney General Opinions H-1309, H-1180 (1978); O-4681 (1942). Thelegislature has explicitly conferred such authority on several state agencies. See e.g., V.T.C.S. arts. 4413d-1 (Office of State-Federal Relations); 4413(32f) (Texas Closeup Board); 4413(35) (Commission on Fire Protection Personnel Standards and Education); 4413(44) (Governor’s Commission onPhysical Fitness); 4413(47d) (Texas National Research Laboratory Comsission); 4413(49) (Criminal Justice Policy Council; Criminal Justice Coordinating Council); 4413(51) (Interagency Council on Sex Offender Treatment). In each instance cited above, the relevant state agencywas given explicit authority to accept gifts. The primary consideration in construing a statute is giving effect to legislative intent. Minton v. Frank, 545 S.W.2d 442 (Tax. 1976); Calvert v. British-American Oil Producing Co., 397 S.W.Zd 839 (Tex. 1965). Theintention of the legislature should be determined by examininn the entire act rather than isolated oortions of the act. City of Houston v. MorganGuaranty International’Bank, 666S.W.Zd 524 (Tex. App. - Houston [lst Dist.] 1983, writ ref ’d n.r.e.). Readas a whole, article 6145-14. V.T.C.S., clearly contemplates that the board possesses the authority to accept gifts or donations. Section 6 of the act confers authority on the architect and the curator to develop aprogram to accept gifts. Section 8confers like authority on the board. Additionally, section 8 explicitly coufers authority on the board to “solicit” gifts and money. Generally, administrative agencies have by implication such powers as are necessary to effectuate the objectives of those powers expressly granted to them. City of Corpus Christi v. Public Utility Commission, 572 S.Y.Zd 290 (Tex. 1978); State v. Jackson. 376 S.W.Zd 341 (Tex. 1964). Weconclude that imulicit in the board’s Dowerto “solicit” is the power co accept gifts. ‘“Solicit” has been defined to mean

to approach for something; to ask for the purpose of receiving; to endeavor to obtain by asking; to importune or implore for the purpose of obtaining; co awakeor incite to action by acts or conduct intended coandcalculated to incite the giving. People ax rel. Friedman v. Framer, 139N.Y.S.Zd 331, 33i (N.Y. App. Term 1954); see also People v. McCormack. 169N.Y.S.2d 139, 142 (N.Y. App. Term 1957); Schmidv. Langenberg, 526 S.W.Zd 940, 944 (MO.App. 1975). It would makeno sense for the legislature to empower the board to “solicit” gifts but then not empower the board to accept a gift when the solicitation is successful. Wewill not construe a statute so as to ascribe to the legislature anunreasonable result if the stacute is reasonably susceptible of a construction that will not accomplish such a result. Anderson V. Penix, 161 S.W.Zd 455 (Tax. 1942); Trimmirr~v. Carlton, 296 S.W. 1070 (Tax. 1927). Accordingly,

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weconclude that the State Preservation Board is empoweredto and accept gifts, money. and items of value in furtherance statutory duties. SUMMARY

The State Preservation Board is empowered to solicit and accept gifts, money, and items of value iu furtherance of its statutory duty. solicit of its

Very truly you ,

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JIM MATTOX Attorney General ofTexas JACRHIGHTOweR First Assistant Attorney General MARY XFLLER Executive Assiscanr Attorney GFneral JUDGE ZOLLIESTRAKLgT Special Assistant Attorney General RICXGILPIN Chairman, Opinion Committee Prepared byJimMoellinger Assistant Attorney General

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