Mr. E. B. Germany, Chairman

Texas Industrial Commission - Austin, Texas Opinion No. W-53~4
Re: .MhetherSection 56, Article XVI of the Texas~Constitu-

,. tidn-prohibits expenditures

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

:Yourrequest foran opinionooncern~sthe question of whether Section 56 oft Article XVI ofthe Texas Constitut~ion prohibits expendituresby theTexas~Itidustria1Commission of donated funds for thepurpose of planning, ,organlzlngand operating a program for attrac.ting and locating new industries In

. this 'State. :

Section ,56 of Ar&cle~XVI~ of .theTexas 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'establishmentand 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:
~"Inadditionto:its. other duties, the State IndustrialCommisslon is:here-

.~ .by authorized .toplan, organize and operate a program 'forattracting'and .ldcatingnew industries in the State of Texas; provided, however, that 'nostate.fuhds shall 'beused for this purpose. ..The Commission 'mayacceptMr. E. 9. Germany, page 2. (w-5341

contributions for such purpose,all of which shall be deposited in the State !lYeasuryIn 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 IndustrialCommission 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 appropriationof 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 theneatablishmerit',and~intenal?ce. oft a Bureau..& Iburilgratloh 9nd~cont~nues.zlzyS~yina _1 or for:~;; -iany~ purpo.se

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

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.., 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

.%ndustrieKin ~theStat,e of Texas'~;.these

new:::.+ industriesmay 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 Commissionwill-~fie..~~~.~ttractlrrg ;of-,lndllstries;.tor:move into the State, not.~dmpMs; :y:'.:T ': ~:.::--C ;~: ':':. I:LI:~.; ,s? #F, ~~l;.-~l.-~.^l;ll

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.. _ 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 immigrationbureau which was supportedby the State. Its functionswere&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.

._/ ,J7i:: t..+:: 22 ;*: :.;:i+'~ n :>-::-.:r;J'

i:.'; a3.t -(j T,.'h 71 k.It::must

.~e:remsmb.ered..tha~.;ba~3;869, -and&efore, the greater portddn;

of .~e.-~ea;-of;:T~xaa~i~~.a-INf3rdernessMr. 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, Immigrantswould be needed.' Obviously, 'therewas little or no industry that could be attracted. What Section 56 of Article XVI of the Constitutlonof.Texas prohibitedwas 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.eadsXn part~asfollows: -. . . : "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-periodicalshaving national circulation, and the dissemlnat,lon~of factual information about the'advantages and economic resources offered by.the~ State of Texas;
. ..,." ., In Webster's InternationalDictionary, 2nd Edition, "Immigrant" Is defined as "onewho 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 advertisingwhich 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 violatedby the 6xpendlture oftfunds 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