Honorable Preston 

Governor of Texas 

Capitol Station 

AUSTIn;. TEXA& TT8911 

August 28, 1970 

Smith 

-_ _ Austin, Texas 78'r11 

Dear Governor Smith: 

Opinion No. M-670 

Re: Authority of the office of 

Uovernor to provide direct 

planning assistance through 

Its own staff to Texas 

communities. 

Your request for an opinion asked the following question: 

"Is It legal for the office of the Governor 

to provide direct plannfng assistance, through its 

own staff, to Texas communities ?" 

The authority of the Governor or his designated represenfative to arrange planning assfstance to Texas communities 

is governed by the provisions of House Bill Number 1219, Acts 

of the 61st Legislature, Regular Session, 1969 

A 

being Ch. 429, 

P. 1449, and codified by Vernon's as Article 12 9L-2.1, Vernon's 

Civil Statutes) which provides, in its relevant part, as follows: 

"Section 1. The governor or his designated 

representative Is hereby authorized, upon request 

to (of) the governing body of any political subdivision or the authorized agency of any group of 

political subdivisions: 

(a) t o arrange planning assistance (including 

surveys, communits renewal Dlans. technical services, 

and other planning work) anb to &range for the making 

of a study or report upon any planning problem of any 

such political subdivision or political subdivisions 

submitted to the overnor or his representative; 

(b) to agrez with such governing body, or the 

agency of such governfng bodies as to the amount, if 

any, to be paid to the governor's office for such 

service; and 

to a 

pply for and accept grants from the 

overnment or other sources in connection 

with any such assistance, study or report, and to 

contract wfth respect thereto. The regularfunctions 

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Honorable Preston Smith, page 2 (M-670) 

of the office of the governor or other state 

agencies may be utilized In this program. 

“Section 2. All property, records, and personnel used by the Skate Department of Health in administering such programs for planning assistance 

as are authorized In this Act are transferred to 

the governor”s office.” (Emphasis added.) 

It is our opinion that Article 126%~2.1, Vertion’s 

Civil Statutes, does allow the Governor or his designated representative to provide direct planning assistance to Texas communities. The Emergency Clause of the above bill emghasfzes as 

a justification “the fact that the governor, by statute, is the 

Chief Planning Officer of the State of Texas, and as such is 

charged with responslbl;ity for coordinating state, regional, 

and local plans. . . . 

!‘ar’+ange ” 

The question arfses over the Interpretation of the word 

as used in the statute, and whether the Intent was for 

the Governor to arrange for others to perform the planning, or 

whether the intent was to au-e the Governor to arrange for 

such services by use of his own staff. The word “arrange as 

used Is ambiguous and subject to construction. The statute 

should be given a liberal construction to carry out its evident 

humanitarian and governmental purpose, which was to vest in the 

Governor the responsibility and duty of Initiating such action 

as Is proper and necessary to bring about the planning assistance 

required by the Texas communities. Rather than confining the 

Governor’s office to merely arranging with others to perform 

specific planning on behalf of the cities, the Legislature, under 

our interpretation of the statute as a whole, authorizes the 

Governor’s office to provide the direct planning assistance to 

the Texas communities by the use of his staff. This is further 

evidenced by the transfer of property, records and personnel of 

the State Department of Health in administering such programs 

for planning assistance to the Governor’s office, as provided fn 

Section 2 of the Act under consideration. 

Growth trends and population shifts of recent years 

have Indicated a vital need for city, local and regional planning 

and have created additional federal and state cooperative interest 

in this field. Financial lfmitatlons, however, prevent many 

communities from entering a planning program which would eventually 

be practical and economically feasfble. Apparently the legfslature 

had these needs in mind when the subject legislation was passed, 

and contemplated that the Governor’s office would admfnfster 

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.’ . 

Honorable Preston Smith, page 3 (M-670) 

assistance to all local governments as needed with an impartial 

and just eye to all. In 27 Tex.Jur.2d 209, Governor, #, we find 

the following: 

'The constitution specifically requires him 

to cause the laws to be falthfullv executed. and 

It Is assumed by the.courts that the governor will 

seek the public good in discharging his office? 

IE h 1 dd d ) Citl 

th~PR~~&&,eli)6 Tex. $?, 

Conley v. Daught ers of 

15b S.W. l97.(1913)(e mphasis supplied. 

Further: 

"The welfare of the state and the purpose for 

which the powers were granted must be given primary 

consideration In the construction of the various 

statutes relating to powers, . . .' 81 C.J.S. 978, 

States, Section 58. 

Words of statutes are generally construed so as to 

support the purpose for which the legislation was created. 

'Uncertain or ambiguous words will be construed 

so as, if possible, to produce a reasonable result 

in harmony with the purpose of th e ac .~ 82CJS 

b52, Statutes, Section 329. (Emphasis supp1ied.j ' 

It is our opinion that the legislature intended, with 

the passage of the subject article, to give the governor the means 

to provide direct assistance to city planning by use of his staff 

in such manner as the need determines, realizing that the extent 

of such program will be controlled by the legislative appropriation 

for that purpose. 

SUMMARY 

Article 126gL-2.1, V.C.S., authorizes the 

governor to use his staff to provide direct planning 

assistance to Texas communities as needed. 

Veryctruly yours, 

General of Texas 

Prepared by Melvin E. Corley 

Assistant Attorney General 

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. . . 

Honorable Preston Smith, page 4 (M-670) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Lehman Marks 

Gordon Case 

Terry Goodman 

Scott Garrison 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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