Mr. E. B. Germany, Chairman 

Texas Industrial Commission - 

Austin, Texas 

Opinion No. W-53~4 

Re: .Mhether Section 56, Article 

XVI of the Texas ~Constitu- 

,. tidn-prohibits expenditures 

:* .. ! by the Texas Industrial ComDear Mr. Germany: mission of donated funds. 

:Your request foran opinion ooncern~s the question of 

whether Section 56 oft Article XVI ofthe Texas Constitut~ion 

prohibits expenditures by theTexas~Itidustria1 Commission of 

donated funds for thepurpose of planning, ,organlzlng and operating a program for attrac.ting and locating new industries In . 

this 'State. : 

Section ,56 of Ar&cle~XVI~ of .the Texas Constitution, 

priorto its amendment at fhe'Genera1 Election in 1958,provided: 

?l!he Legislature shall have no 

power to appropriate any of the public 

money for the'establishment and maintenance of a Bureau of Immigration, or 

for any purpose of bringing Immigrants 

to'this State." ,'~ 

Article 5190&. of~Vernon*s~Cl&l-Statutes provides: 

~"In addition to: its. other duties, 

the State Industrial Commisslon is:here- 

.~ .by authorized .to plan, organize and operate 

a program 'for attracting'and .ldcating new 

industries in the State of Texas; provided, 

however, that 'no state.fuhds shall 'be used 

for this purpose. ..The Commission 'may accept 
Mr. E. 9. Germany, page 2. (w-5341 

contributions for such purpose, all 

of which shall be deposited in the 

State !lYeasury In a special fund to 

be known as the- 'State Industrial 

Commission Fund,' and~such sums are 

hereby appropriated to the Commls$ion 

for the purposes of this article. 

In our opinion when the Commission accepts any 

private contributions for this purpose and deposits them 

:n the State Treasury and in a special fund known as the 

"State Industrial Commission Fund" such funds become public 

money, notwithstanding that these funds come from donations. 

Section 6, Article VIII, Constitution of Texas. However, 

Article 5190s of Vernon's Civil Statutes provides for an 

appropriation of these funds for the purpose of such action. 

Section 56 of Article XVI of the Constitution of 

~Texas strictly prohibits ~the.kgislature:Z?rqmappropriatlng 

any of the.-publlc.:money:for then eatablishmerit',and~intenal?ce. 

oft a Bureau..& Iburilgratloh 9nd~cont~nues.zlzyS~yina _1 or for:~;; 

-i any~ purpo.se :df brLnglng.;Imtigranta -to:~~ia~st~~.~!sr:~ ': ~.?-.~.::,:I~ 

: .i :: ;;:.;. ~,: I; T c-~I:: ,;:.i ;,'~..c;'~i;,"c Pi<;" pd.7 ,: .:: z4 .: :: . ., 

While it cannot be denied that if the Texas: .Indus:i, 

trial Commission carries out Its additional assignment 'to 

plan; rorganize; and :operatea: Ijrogram for -attractlrig and 

: iA3o~t~g e+iv .%ndustrieK in ~the Stat,e of Texas'~;.these new:::.+ 

industries may bring or' attract new individuals into the 

State, but these.~new~inditlduals ar:s'uei%ainly not immigrants 

in the true serMe:ro,ftthe wordi. ~e~primary,funct~~~s'of the 

Commission will-~fie..~~~.~ttractlrrg ;of-,lndllstries;.tor:move into 

the State, not.~dmpMs; :y: '.:T ': ~:.::--C ;~: ':':. I:LI:~.; ,s? 

#F, ~~l;.-~l.-~.^l;ll ,k .-i: ,,,. _L.. _ . -, y WA 1 < z,:'>.: ~-i . . '<. _ ~;:!-I c? 

According to the interpretatJve~c:bmmentary found 

below Section 56 of Article XVI of the Constitution of Texas, 

lt:~tates:$hai~qn!Wr ~~'the.O~stltu~o~n;;~la69,r.there was 

an immigration bureau which was supported by the State. Its 

functions were&hat, of!;Bfl- adventlslng~genc~ to disseminate 

reliable information ~'out':;fhe~reao~ea:-~~~~~~e to 

other statesand jto. Eu&-pe+r pis':.pract~cle".wasjidisp~ntinued 

by Section ~5610f~:Articlb~iXVI o~~the:Qonstit~ut@n@f~Texas. ._ / ,J 7i:: t..+:: 22 ; *: :.;:i+'~ n :>-::- .:r;J' i:.'; a3.t -(j T,.'h 7 1 

k.It::must .~e:remsmb.ered..tha~.;ba~3;869, -and&efore, the 

greater portddn; of .~e.-~ea;-of;:T~xaa~i~~.a-INf3rderness 
Mr. E. B. Germany, page 3. .&W-534) 

and that those in government and 'outside of government 

realized that in order for~the State to function and grow, 

Immigrants would be needed.' Obviously, 'there was little 

or no industry that could be attracted. What Section 56 

of Article XVI of the Constitutlonof.Texas prohibited was 

the expenditure. of State money to attract these immigrants 

from Europe and perhaps those who temporarily settled in 

the eastern states.~ .~ 

In our opinion the function of.the Texas Industrial Commission would, under Article 51904, Vernon's 

Civil Statutes, provide for a different type of activity 

than Is prohibited by the Constitution. We are sustained 

in thisconclusion In view df the fact that the voters of 

Texas adoPted an amendment to Section 56 of Article XVI of 

the Constitution of Texas at the general election in 1958, 

which r.eads Xn part~as follows: -. . . : 

"The Legislature of the State of 

Texas shall have the power to approprlate money and establish the procedure 

necessary to expend such money for the 

purpose of developing Information abont~ 

the historical, natural, agricultural; fndustrial~;~~.~~du~~t.l~~~;~‘.~arket~ing,~':recr:eational 

and living resourccs.o? ,~,e:;ds, :and..sor 

the-purpose of informing~~persons and 

corporations of-other states through 

advertising In-periodicals having national circulation, and the dissemlnat,lon~of 

factual information about the'advantages 

and economic resources offered by.the~ 

State of Texas; . ..,." ., 

In Webster's International Dictionary, 2nd Edition, 

"Immigrant" Is defined as "one who immigrates; one who comes 

into a country for the purpose of permanent residence." 

Webster's further defines the word."immigrate" -- "to come to 

dwell or settle;-to come Into a country of whit; one Is not a 

native, for the purpose of permanent residence. 

It is our opinion that advertising which would 

attract new Industries to Texas could not be given the same 

meaning as attracting Immigrants to the State. 
Mr. E. B. Germany, page 4. mJ-53J+) 

SUMMARY 

Section 56 of Article-XVI of the 

Constitution of Texas, as amended 

at.the general election In 1958; 

1s not being violated by the 6xpendlture oft funds under-the provisions 0f‘Artlcle 5190$, Vernon's 

Civil Statutes. 

Yours very truly, 

LFP:bb:zt:rm 

APPROViD: 

OPINION ~OMMITTEFi 

Geo. P. Blackburn, Chairman '_; 

REVIEWEDFOR TRE ATTORNEY GEmAL 

BY: 

. 

W. V. Geppert