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 ownstaff 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 ownstaff, to Texas communities ?" Theauthority of the Governor or his designated represenfative to arrange planning assfstance to Texas communities is governed by the provisions of HouseBill Number1219, Acts of the 61st Legislature, Regular Session, 1969A being Ch. 429, P. 1449, and codified byVernon's as Article 129L-2.1, Vernon's Civil Statutes) which provides, in its relevant part, as follows:

"Section 1. Thegovernor or his designated representative Is hereby authorized, upon request to (of) the governing body of anypolitical subdivision or the authorized agency of anygroup of political subdivisions: (a) toarrange planning assistance (including surveys, communits renewal Dlans. technical services, and other planning work) anbto &range for the making of a study or report upon anyplanning 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 apply for andaccept grants from the overnment or other sources in connection with any such assistance, study or report, andto contract wfth respect thereto. Theregularfunctions

-3197-. .

Honorable Preston Smith, page 2 (M-670)

of the office of the governor or other state agencies maybe utilized In this program.

“Section 2. All property, records, andpersonnel 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. TheEmergency Clause of the above bill emghasfzes as ajustification “the fact that the governor, by statute, is the Chief Planning Officer of the State of Texas, andas such is charged with responslbl;ity for coordinating state, regional, and local plans.

. . . !‘ar’+ange” Thequestion arfses over the Interpretation of the word

as used in the statute, andwhether the Intent wasfor the Governor to arrange for others to perform the planning, or whether the intent wasto au-e the Governor to arrange for such services byuse of his ownstaff. Theword “arrange as used Is ambiguous and subject to construction. The statute should be given a liberal construction to carry out its evident humanitarian andgovernmental purpose, which wasto vest in the Governor the responsibility andduty of Initiating such action as Is proper andnecessary 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 awhole, 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 andpersonnel of the State Department of Health in administering such programs for planning assistance to the Governor’s office, as provided fn Section 2of the Act under consideration.

Growthtrends andpopulation shifts of recent years have Indicated a vital need for city, local andregional planning andhave 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 andeconomically feasfble. Apparently the legfslature hadthese needs in mindwhenthe subject legislation waspassed, and contemplated that the Governor’s office would admfnfster -3198-.’

.

Honorable Preston Smith, page 3 (M-670)

assistance to all local governments as needed with an impartial andjust eye to all. In 27Tex.Jur.2d 209, Governor, #, wefind the following:

'The constitution specifically requires him to cause the laws to be falthfullv executed. and It Is assumedby the.courts that the governor will seek the public good in discharging his office? IE h 1 ddd ) Citl th~PR~~&&,eli)6 Tex. $?,Conley v. Daughters of 15b S.W. l97.(1913)(e mphasis supplied. Further: "Thewelfare 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 wascreated.

'Uncertain or ambiguous words will be construed so as, if possible, to produce areasonable result in harmonywith the purpose of the 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 manneras 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 byMelvin E. Corley Assistant Attorney General -3199-. . .

Honorable Preston Smith, page 4 (M-670)

APPROVED: OPINIONCOMMITTEE Kerns Taylor, Chairman W.E. Allen, Co-Chairman LehmanMarks Gordon Case Terry Goodman Scott Garrison MEADE F. GRIFFIN Staff Legal Assistant ALFRED

WALKER Executive Assistant NOLA WHITE First Assistant

-3200-